The father of a brain-damaged boy is set to mount a challenge after a High Court judge decided doctors could stop providing life-support treatment to the youngster.
Mr Justice MacDonald on Monday ruled that 11-month-old Isaiah Haastrup could be allowed to die against his parents’ wishes.
But he has decided Isaiah’s father, Lanre Haastrup, must have time to mount an appeal against his ruling.
The judge has told doctors at King’s College Hospital in London to keep treating Isaiah in order to give Mr Haastrup an opportunity to ask Court of Appeal judges to consider the case.
Mr Justice MacDonald had considered Isaiah’s case at a hearing in the Family Division of the High Court in London.
Specialists at the hospital said giving further intensive care treatment to the little boy was ”futile, burdensome and not in his best interests”.
They had asked Mr Justice MacDonald to give them the go-ahead to provide only palliative care.
Isaiah’s mother, Takesha Thomas, and father, who are both 36 and from Peckham, south-east London, wanted treatment to continue.
Mr Haastrup had subsequently written to Mr Justice MacDonald saying he wanted to appeal.
The judge says doctors should continue treating Isaiah until 2pm on Friday to give Mr Haastrup time to make an application to the Court of Appeal.
He has outlined his decision in a written follow-up ruling on the case published on Thursday.
Barrister Fiona Paterson, who represented King’s College Hospital NHS Foundation Trust, had told Mr Justice MacDonald how Isaiah was born at the hospital on February 18 2017 and was severely disabled.
She said nobody could understand the pain and suffering Isaiah’s parents had endured.
But she said overwhelming medical evidence showed that stopping treatment was in Isaiah’s best interests.
Doctors told the judge that Isaiah suffered “catastrophic” brain damage due to being deprived of oxygen at birth.
They said Isaiah was in a low level of consciousness, could not move or breathe independently and was connected to a ventilator.
Doctors said Isaiah did not respond to stimulation.
But Miss Thomas told the judge: “When I speak to him he will respond, slowly, by opening one eye.”
She added: “I see a child who is injured. He needs love. He needs care. I have it. I can give it.
“To say it is so poor, it is not worth living, that is not right. It is not their decision to make.”
Mr Haastrup had fought back tears at the trial as he outlined a series of complaints about the hospital to Mr Justice MacDonald.
He said the trust had “harmed” Isaiah at birth, told the judge that a “negligence case” was under way and complained about the way he had been treated.
“There have been failings,” he said. “But for them Isaiah would be at home having a lovely meal with me, with his lovely mum, playing around.”
Mr Haastrup said “everything” was “about full control” for hospital bosses and accused doctors of not taking account of his views or those of Miss Thomas.