by Stephen McGuinness February-24-2014 in Healthcare Law
The issue of lack of capacity to refuse medical treatment came before the High Court again in a recent matter where a 23 year old woman who suffered from an eating disorder, anorexia nervosa, refused nutritional feeds in hospital. An emergency application was made by the hospital seeking an order to allow her medical team feed her through a tube.
A mentally competent adult has the right to refuse or discontinue medical treatment even if the inevitable consequence is that they will die. In this instance the young girl’s medical team were of the view that she did not have mental capacity and as a result they were seeking an Order to have her fed by way of a tube. In an Affidavit to the Court, her psychiatrist set out that she believed the young woman did want treatment but was unable to accept it due to the severity of her anorexia nervosa. The application was supported by the woman’s parents. The consultant involved in treating the woman said she urgently required medical intervention to safeguard her life, and the prognosis was so grave she would simply not survive much longer if her body did not get the nutrients it required.
The President of the High Court, Mr. Justice Nicholas Kearns, said it was a “life or death” situation and he would grant the Order sought, permitting the woman to be fed immediately, as her medical carers deemed appropriate, for four days.
The matter came before the Court again four days later when an application was made to extend the Order to tube feed the young woman. A progress report on the woman told the Court that the tube feeding had resulted in a very positive effect and Mr Justice Kearns extended the Order until the end of the week.
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About the Author
Stephen McGuinness
Stephen is a partner in the Healthcare team at Hayes solicitors. Stephen specialises in the defence of medical and dental negligence claims taken against hospitals as well as individual medical and dental practitioners.