QMN [2022] NSWCATGD 24

QMN [2022] NSWCATGD 24

The proposed hysterectomy was special medical treatment because it would render QMN permanently infertile. QMN was incapable of consenting because, due to Rett syndrome, she could not understand the nature and effect of the treatment or indicate her view. Less invasive alternatives had failed or were inappropriate, the risks were reasonable, and QMN's prolonged heavy bleeding caused serious physical, psychological and emotional harm and was associated with worsened seizures. The Tribunal was satisfied that the hysterectomy, with abdominal hysterectomy if necessary, was the most appropriate treatment and necessary to prevent serious damage to QMN's health, so consent was given.

Jurisdiction
Australia
Judgment Date
24 August 2022
Procedural Posture
Application for Consent to Special Medical Treatment / Decision After Hearing
Outcome
Consent to special medical treatment given; KAN joined as a party as the carer of QMN.
Legal Topics
['special Medical Treatment' 'incapacity to Give Informed Consent' 'hysterectomy' 'permanent Infertility' 'rett Syndrome' 'serious Damage to Health']
['guardianship' 'medical Treatment Consent'] ['special Medical Treatment' 'incapacity to Give Informed Consent' 'hysterectomy' 'permanent Infertility' 'rett Syndrome' 'serious Damage to Health']

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Procedural Posture

Application for Consent to Special Medical Treatment / Decision After Hearing

Legal Issues

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

Ratio Decidendi

The proposed hysterectomy was special medical treatment because it would render QMN permanently infertile. QMN was incapable of consenting because, due to Rett syndrome, she could not understand the nature and effect of the treatment or indicate her view. Less invasive alternatives had failed or were inappropriate, the risks were reasonable, and QMN's prolonged heavy bleeding caused serious physical, psychological and emotional harm and was associated with worsened seizures. The Tribunal was satisfied that the hysterectomy, with abdominal hysterectomy if necessary, was the most appropriate treatment and necessary to prevent serious damage to QMN's health, so consent was given.

Court Disposition

Consent to special medical treatment given; KAN joined as a party as the carer of QMN.

Orders

  • ['The Tribunal consents to the following special medical treatment being provided to QMN: Total laparoscopic hysterectomy and if necessary abdominal hysterectomy under general anaesthetic and any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment.'...