The patient had a history of self harming leading to dangerously low haemoglobin levels. She knew that if she refused a blood transfusion she might die; nevertheless she believed that her blood was evil and that the healthy blood given her in a transfusion became contaminated and thus increased the volume of evil blood in her body and ‘likewise the danger of my committing acts of evil’.
Held: She was unable to use and weigh the relevant information, and thus the competing factors, in the process of arriving at her decision to refuse a transfusion.
Judges:
Charles J
Citations:
[2004] EWHC 1279 (Fam), [2005] 1 All ER 387
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v C HL 30-Jul-2009
Consent to Sex Requires Capacity
The prosecution appealed against the reversal of the defendant’s conviction for a sexual assault of a woman said to be unable to communicate her refusal to sex because of her mental disorder.
Held: The appeal was allowed, and the conviction . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 28 June 2022; Ref: scu.221041