Friday, 1 August 2014

Medical Treatment Decision

In An NHS Trust v Mrs J (by her litigation friend, the Official Solicitor) [2014] EWCOP 2675 Mr Justice Bodey dealt with a case concerning an elderly woman who had been diagnosed with cancer and required further investigation and treatment but also lacked capacity to consent to the same. Despite numerous attempts to secure her cooperation she refused, insisting that she did not need treatment. Her family supported her decision and considered that she could recover capacity with the right treatment for her underlying mental disorder. The Trust was concerned not to lose the opportunity to provide potentially curative treatment and referred the matter to the Court of Protection seeking declarations in relation to capacity and authority to carry out treatment. Despite there being a number of contraindications against compelling Mrs J to undergo the proposed treatment, Bodey J came to the conclusion that it would be in her best interests and granted authority to use restraint to convey her to hospital and to enable the treatment to be provided.

The Trust was represented by Adam Fullwood of Kings Chambers instructed by DAC Beachcroft.
Approved judgment:

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