X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The patient supported the application and had made an Advance Direcitive as to her treatment, but lacked capacity to litigate.
Held: Although she did not want to be compelled to receive treatment, Ms X had no wish to die. The court wished that she might still voluntarily seek assistance and treatment, but court declined to order her compulsory treatment.
Judges:
Cobb J
Citations:
[2014] EWCOP 35
Links:
Statutes:
Mental Health Act 1983, Mental Capacity Act 2005 4(5) 24, European Convention on Human Rights 2
Jurisdiction:
England and Wales
Citing:
Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Cited – Aintree University Hospitals NHS Foundation Trust v James SC 30-Oct-2013
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .
Cited – The NHS Trust v L and Others COP 2012
The patient suffered extreme anorexia. A declaration was sought as to the possibility of discontinuing compulsory medical treatment. The medical opinion was that the course of action proposed had a ‘close to’ 100% likelihood of causing Ms L’s death; . .
Cited – Re E (Medical Treatment: Anorexia) CoP 15-Jun-2012
The court considered the propriety of ordering continued compulsory treatment of E where the chance of successful treatment for E (and ‘full recovery’) was considered to be in the region of 20% to 30%. Even that prospect could be achieved only by . .
Lists of cited by and citing cases may be incomplete.
Health, Health Professions, Human Rights, News
Updated: 19 October 2022; Ref: scu.537458
