The family of a terminally-ill woman who was not consulted before a "do not resuscitate" notice was placed on her medical records have won a ruling that their legal action can continue.
In 2012, High Court judge Mrs Justice Nicola Davies said the failure to inform or involve Janet Tracey, 63, had "minimal causative effect", as the notice was cancelled five days later when her family objected.
She found a second notice, which followed three days afterwards and two days before Mrs Tracey's death at Addenbrooke's Hospital in March 2011, was put in place with the agreement of her family, who were unwilling to speak to her about it.
he judge, who was determining disputed issues of fact, said there should be no further hearing of husband David Tracey's application for judicial review.
But today, the Court of Appeal said the judge's order was not, in the circumstances, justified, and will determine the legal issues raised by the claim against Cambridge University Hospitals NHS Foundation Trust and the Health Secretary at a two-day hearing in mid-March.