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A seriously ill baby boy who specialists at a London hospital thought had died has been seen trying to breathe, a High Court judge has been told. The parents of the three-month-old boy are in a legal dispute with the bosses of Guy’s and St Thomas’ NHS Foundation Trust who want a judge to declare he is dead.
The London hospital trust responsible for caring for the boy born in April, who was taken to hospital some weeks ago after "collapsing", asked a judge based in the Family Division of the High Court in to consider the case. However, on Wednesday, July 13, lawyers representing the trust have now told how a nurse had noticed the boy attempting to breathe.
Specialists at the London hospital trust carried out a number of tests on the boy's brain stem and concluded that he was dead. Trust bosses then became involved in a dispute with the boy’s parents and began litigation. They wanted a judge to declare that the boy, who cannot be named for legal reason, was dead.
Another judge oversaw a preliminary hearing for this dispute in late June this year. Mr Justice Hayden was told how shortly after this hearing, a nurse noticed the boy making "some attempt to breathe". Trust bosses at the London hospital asked a judge in the Family Division of the High Court in London to consider the case.
They are expected to ask a judge to rule what moves are in the boy's best interests - and whether life-support treatment should continue – after doctors have carried out further tests. Mr Justice Hayden told lawyers at Wednesday's hearing that “this is a very unusual situation which we find ourselves in”.
“We are in entirely unfamiliar territory.” He said he expected the trust to make an application for a judge to decide what moves were in the boy’s best interests.
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