To treat or not to treat

The patient, Mr Christian Rossiter, was admitted to a residential care facility, Brightwater, in Perth on 4 November 2008. As a result of three serious injuries, the patient was quadriplegic. The third injury, involving a fall on 3 March 2008, resulted in Mr Rossiter developing spastic quadriplegia. He was admitted to hospital where he underwent treatment and rehabilitation before being transferred to Brightwater for ongoing care in November 2008. At this time, the patient's capacity to move was limited to some movement in one finger and some foot movement. He had a tracheostomy and percutaneous endoscopic gastrostomy (PEG) tube. During his stay in the residential care facility, the patient informed his general practitioner and the nursing staff that he wanted to die. He asked his GP and the staff at Brightwater to discontinue the provision of nutrition and hydration through the PEG tube. On 14 August 2009, the patient and Brightwater sought a declaration from the Supreme Court of Western Australia with regard to their respective rights and obligations. Specifically, the staff at Brightwater and the GP were concerned that compliance with Mr Rossiter's directions might result in criminal prosecution.