February-05-2013 in Healthcare Law
The High Court recently made an Order permitting the taking of blood samples from a 15 year old girl suffering from a psychiatric disorder.
The teenager at the centre of the decision suffers from Bipolar Affective Disorder and is detained in an adolescent mental health in-patient unit. Doctors treating the girl advised the Court that the taking of blood samples was necessary in order to establish whether she has a life threatening physical disorder known as Neuroleptic Malignant Syndrome and to monitor her reaction to her medication which is known to be associated with a possible risk of developing diabetes. The teenager objected the taking of the blood samples while her parents expressed the view that the samples ought to be obtained.
The case involved consideration of various issues arising under the Mental Health Act 2001. The Court found that a purposive interpretation of the meaning of “treatment” in the Mental Health Act encompassed blood samples being taken for the purposes of blood monitoring. The next issue to be considered was the circumstances in which such treatment may be lawfully administered to minors detained under that Act. The Court stated that the taking of blood samples was in the teenager’s best interests and a proportionate measure designed to protect her life and well-being. The Court found that the teenager lacked the necessary mental capacity to refuse to consent to treatment. In these circumstances an Order was made permitting the taking of the samples.
It is important to point out that it was noted by the Court that the teenager’s capacity to make medical decisions may fluctuate and it was stressed that it was not the Court’s intention to lay down a general principle that 15 year olds should always be regarded as lacking capacity to consent or withhold consent to treatment.
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