TZV [2020] NSWCATGD 76

TZV [2020] NSWCATGD 76

The Tribunal consented because the proposed external beam radiotherapy was special medical treatment as it would render TZV permanently infertile; TZV was incapable of understanding the general nature and effects of the treatment due to disordered thought and lack of demonstrated understanding; there was no realistic alternative to the proposed treatment; the risks were not greater than reasonable having regard to the risks of not carrying out the procedure; and the treatment was necessary to prevent serious damage to TZV's health in the short term and, over the longer term, to prevent the risk of death.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Application for Consent to Special Medical Treatment / Principal Judgment
Outcome
Consent given to special medical treatment.
Legal Topics
['special Medical Treatment' 'external Beam Radiotherapy' 'cisplatin' 'capacity to Consent' 'cervical Cancer' 'infertility']
['guardianship' 'medical Treatment Consent'] ['special Medical Treatment' 'external Beam Radiotherapy' 'cisplatin' 'capacity to Consent' 'cervical Cancer' 'infertility']

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Procedural Posture

Application for Consent to Special Medical Treatment / Principal Judgment

Legal Issues

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

Ratio Decidendi

The Tribunal consented because the proposed external beam radiotherapy was special medical treatment as it would render TZV permanently infertile; TZV was incapable of understanding the general nature and effects of the treatment due to disordered thought and lack of demonstrated understanding; there was no realistic alternative to the proposed treatment; the risks were not greater than reasonable having regard to the risks of not carrying out the procedure; and the treatment was necessary to prevent serious damage to TZV's health in the short term and, over the longer term, to prevent the risk of death.

Court Disposition

Consent given to special medical treatment.

Orders

  • ['The Tribunal consents to the following special medical treatment being provided to TZV: Twenty five days of daily External Beam Radiotherapy to pelvis and para aortic lymph nodes and administration of Cisplatin at maximum dosage of 40mg/m2 and any necessary treatment that would normally be provided in association...