The court considered a situation where a patient needed a bone marrow transplant to survive. His adoptive sister was able to provide the marrow but lacked capacity to consent. Their father was qualified and experienced to carry out the procedure, but was not a registered medical practitioner.
Held: The claim was struck out. Both practitioners had had their registrations withdrawn by the Fitness to Practice board it was not established properly that the proposed donor lacked capacity to make such a decision. Moreover under the 2006 Act, the involvement of a registered medical practitioner could not be dispensed with. As to costs, though the application was made in the son’s name, the two practitioners were so closely involved that an order for the payment of costs should be made against them also.
Judges:
Sir James Munby, P CoP
Citations:
[2017] EWCOP 7
Links:
Statutes:
Human Tissue Act 2004, Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 10 11
Jurisdiction:
England and Wales
Health Professions
Updated: 27 March 2022; Ref: scu.588177
