FZC [2018] NSWCATGD 51

FZC [2018] NSWCATGD 51

Although the proposed endometrial ablation was special medical treatment, FZC was incapable of giving consent, and the treatment was considered appropriate to address heavy menstrual periods and promote her wellbeing, the Tribunal was not satisfied on the available evidence that without the procedure there was a risk of worsening anaemia posing serious harm to FZC's health, or that the procedure was necessary to save her life or prevent serious damage to her health. The statutory threshold in s 45(2) was therefore not met and consent could not be given.

Jurisdiction
Australia
Judgment Date
21 February 2018
Procedural Posture
Application for Consent to Special Medical Treatment / Dismissed After Hearing
Outcome
The application for special medical treatment is dismissed after hearing.
Legal Topics
['special Medical Treatment' 'endometrial Ablation' 'informed Consent' 'intellectual Disability' 'serious Damage to Health']
['guardianship' 'consent to Medical Treatment'] ['special Medical Treatment' 'endometrial Ablation' 'informed Consent' 'intellectual Disability' 'serious Damage to Health']

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Procedural Posture

Application for Consent to Special Medical Treatment / Dismissed After Hearing

Legal Issues

  1. 1 ['Whether the proposed endometrial ablation was special medical treatment.' 'Whether FZC was incapable of giving consent to the proposed special treatment.' "Whether the treatment was necessary to save FZC's life or prevent serious damage to FZC's health." "Whether the proposed special treatment was the most appropriate form of treatment for promoting and maintaining FZC's health and wellbeing."]

Ratio Decidendi

Although the proposed endometrial ablation was special medical treatment, FZC was incapable of giving consent, and the treatment was considered appropriate to address heavy menstrual periods and promote her wellbeing, the Tribunal was not satisfied on the available evidence that without the procedure there was a risk of worsening anaemia posing serious harm to FZC's health, or that the procedure was necessary to save her life or prevent serious damage to her health. The statutory threshold in s 45(2) was therefore not met and consent could not be given.

Court Disposition

The application for special medical treatment is dismissed after hearing.

Orders

  • ['The application for special medical treatment is dismissed after hearing.']