QMI [2016] NSWCATGD 59

QMI [2016] NSWCATGD 59

Miss QMI is incapable of giving informed consent to medical treatment due to her severe intellectual disability. The proposed abdominal hysterectomy constitutes special medical treatment. The Tribunal was satisfied, based on evidence from medical professionals and her carer, that no less invasive alternative was effective or suitable; alternative hormonal therapies were contraindicated or ineffective. The procedure is necessary to prevent serious and ongoing psychological harm and increase in physical risk (stroke) associated with continued menstrual bleeding and distress. Therefore, consent was granted as the statutory criteria under the Guardianship Act 1987 (NSW) were met.

Parties
Subject Person: Miss QMI; Carer: Mrs LMI; Applicant: Dr CYM
Jurisdiction
Australia
Judgment Date
19 July 2016
Procedural Posture
Application for Consent to Special Medical Treatment / Final Determination; Substantive Hearing
Outcome
Consent granted for special medical treatment
Legal Topics
Special Medical Treatment, Consent, Capacity, Best Interests, Disability and Medical Treatment
Guardianship Law Health Law Special Medical Treatment Consent Capacity Best Interests Disability and Medical Treatment

Case Brief

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Parties

Miss QMI

Subject Person

Mrs LMI

Carer

Dr CYM

Applicant

Procedural Posture

Application for Consent to Special Medical Treatment / Final Determination; Substantive Hearing

Legal Issues

  1. 1 Whether Miss QMI is capable of giving consent to special medical treatment
  2. 2 Whether the proposed treatment (abdominal hysterectomy) is 'special medical treatment' under the Guardianship Act 1987 (NSW)
  3. 3 Whether the proposed treatment is the most appropriate to promote and maintain Miss QMI's health and well-being

Ratio Decidendi

Miss QMI is incapable of giving informed consent to medical treatment due to her severe intellectual disability. The proposed abdominal hysterectomy constitutes special medical treatment. The Tribunal was satisfied, based on evidence from medical professionals and her carer, that no less invasive alternative was effective or suitable; alternative hormonal therapies were contraindicated or ineffective. The procedure is necessary to prevent serious and ongoing psychological harm and increase in physical risk (stroke) associated with continued menstrual bleeding and distress. Therefore, consent was granted as the statutory criteria under the Guardianship Act 1987 (NSW) were met.

Court Disposition

Consent granted for special medical treatment

Orders

  • The Tribunal consents to the following special medical treatment being provided to Miss QMI: 1. Abdominal hysterectomy. 2. Any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment. This consent is effective for a period of 12 months from the date of...