NXM (No 2) [2014] NSWCATGD 53

NXM (No 2) [2014] NSWCATGD 53

Miss NXM is incapable of consenting to the proposed special medical treatment due to severe intellectual disability and autism; all viable, less invasive alternatives have been tried or are contraindicated; the proposed hysterectomy is necessary to prevent serious psychological and physical damage to Miss NXM’s health; as statutory requirements are met, Tribunal consent is appropriate.

Jurisdiction
Australia
Judgment Date
25 November 2014
Procedural Posture
Application for Consent to Special Medical Treatment / Decision
Outcome
consent granted to special medical treatment
Legal Topics
['special Medical Treatment' 'consent for Medical Treatment' 'sterilisation' 'best Interests' 'necessity' 'intellectual Disability']
['guardianship' 'medical Law'] ['special Medical Treatment' 'consent for Medical Treatment' 'sterilisation' 'best Interests' 'necessity' 'intellectual Disability']

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Procedural Posture

Application for Consent to Special Medical Treatment / Decision

Legal Issues

  1. 1 ['Is Miss NXM able to consent to the proposed special medical treatment?' "Is the proposed treatment the most appropriate for promoting and maintaining Miss NXM's health and well-being?" "Is the treatment necessary to save Miss NXM's life or prevent serious damage to her health?"]

Ratio Decidendi

Miss NXM is incapable of consenting to the proposed special medical treatment due to severe intellectual disability and autism; all viable, less invasive alternatives have been tried or are contraindicated; the proposed hysterectomy is necessary to prevent serious psychological and physical damage to Miss NXM’s health; as statutory requirements are met, Tribunal consent is appropriate.

Court Disposition

consent granted to special medical treatment

Orders

  • ['The Tribunal consents to hysterectomy with preservation of ovaries under general anaesthetic for Miss NXM.' 'Consent is effective for a period of 2 years from the date of order.' 'Consent includes any necessary treatment normally provided in association with or directly consequent upon the above treatment.']