LZH [2022] NSWCATGD 15

LZH [2022] NSWCATGD 15

Given LZH’s inability to provide informed consent, her substantial ongoing health problems from heavy menstrual bleeding, the failure of alternative treatments, and the lack of appropriate less restrictive options, consent should be granted to removal of the Mirena IUD and endometrial ablation as special medical treatment necessary to prevent serious damage to health.

Parties
Person: LZH; Applicant: KAL; Applicant: EMP; Carer: FYD
Jurisdiction
Australia
Judgment Date
02 June 2022
Procedural Posture
Application for Consent to Special Medical Treatment / Final Orders and Reasons for Decision
Outcome
Consent to removal of Mirena IUD and endometrial ablation under general anaesthetic granted for 12 months.
Legal Topics
Consent to Medical Treatment, Decision Making Capacity, Special Medical Treatment, Intellectual Disability
Guardianship Law Health Law Consent to Medical Treatment Decision Making Capacity Special Medical Treatment Intellectual Disability

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Parties

LZH

Person

KAL

Applicant

EMP

Applicant

FYD

Carer

Procedural Posture

Application for Consent to Special Medical Treatment / Final Orders and Reasons for Decision

Legal Issues

  1. 1 Is the proposed treatment special medical treatment under the Guardianship Act 1987 (NSW)?
  2. 2 Is LZH incapable of giving informed consent to the proposed treatment?
  3. 3 Is the treatment necessary to save LZH’s life or prevent serious damage to her health?

Ratio Decidendi

Given LZH’s inability to provide informed consent, her substantial ongoing health problems from heavy menstrual bleeding, the failure of alternative treatments, and the lack of appropriate less restrictive options, consent should be granted to removal of the Mirena IUD and endometrial ablation as special medical treatment necessary to prevent serious damage to health.

Court Disposition

Consent to removal of Mirena IUD and endometrial ablation under general anaesthetic granted for 12 months.

Orders

  • The Tribunal consents to the removal of Mirena IUD and endometrial ablation under a general anaesthetic for LZH and any necessary treatment normally 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 this order.