The claimant had suffered catastrophic injuries, leaving her unable to breathe without artificial help. She eventually decided that she wanted to refuse treatment. The health authority took this as an indication of lack of capacity, and refused to disconnect the life support mechanisms.
Held: The question of mental capacity was not to be disturbed by the fact that the patient may assert values not approved by those in authority. The principles in St George’s were restated. The presumption was that the patient had capacity. If capacity existed, it was not for doctors to look instead to what they thought was in the patient’s best interests. Genuine questions about capacity should be settled quickly, and within normal medical procedures. Where the doctor found themselves unable to carry out a patient’s wishes, it was for the doctors to find a doctor who would. Here, there had been treatment against the patient’s wishes, and a trespass had occurred. A seriously physically disabled patient who was mentally competent had the same right to personal autonomy, and to make decisions as any other person with mental capacity.
Judges:
Dame Elizabeth Butler-Sloss, President
Citations:
Times 26-Mar-2002, Gazette 25-Apr-2002, [2002] 1 FLR 1090
Jurisdiction:
England and Wales
Citing:
Affirnmed – St George’s Healthcare National Health Service Trust v S, Regina v Collins and Others ex parte S CA 8-May-1998
The authority wanted S to be admitted to hospital, if necessary against her will. She was pregnant and wanted to have a natural birth, even at great risk to herself and her baby. She had refused medical treatment for eclampsia. The caesarian had by . .
Cited by:
Cited – In Re Z (Local Authority: Duty) FD 3-Dec-2004
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving.
Held: The . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 28 April 2022; Ref: scu.168073
