OBD [2016] NSWCATGD 58
The Tribunal refused consent because, although the treatment constituted 'special medical treatment' under the Guardianship Act and Miss OBD was incapable of providing consent, the evidence did not establish that endometrial ablation was necessary to save her life or prevent serious damage to her health, as required by law.
- Parties
- Subject Person: Miss OBD; Applicant: Dr DEJ
- Jurisdiction
- Australia
- Judgment Date
- 11 May 2016
- Procedural Posture
- Application for Consent to Special Medical Treatment / Final Determination
- Outcome
- application dismissed
- Legal Topics
- Special Medical Treatment, Consent, Endometrial Ablation, Intellectual Disability, Sterilisation
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Miss OBD
Subject Person
Dr DEJ
Applicant
Procedural Posture
Application for Consent to Special Medical Treatment / Final Determination
Legal Issues
- 1 Is the proposed endometrial ablation 'special medical treatment' under the Guardianship Act 1987 (NSW)?
- 2 Is Miss OBD incapable of giving consent to the proposed treatment?
- 3 Is the proposed treatment necessary to save Miss OBD’s life or prevent serious damage to her health?
Ratio Decidendi
The Tribunal refused consent because, although the treatment constituted 'special medical treatment' under the Guardianship Act and Miss OBD was incapable of providing consent, the evidence did not establish that endometrial ablation was necessary to save her life or prevent serious damage to her health, as required by law.
Court Disposition
application dismissed
Orders
- The application for consent to special medical treatment made by Dr DEJ in respect of Miss OBD is dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment