OZB [2021] NSWCATGD 40

OZB [2021] NSWCATGD 40

The Tribunal consented because the proposed hysterectomy and bilateral salpingectomy, with oophorectomy if required, was special medical treatment likely to render OZB permanently infertile; OZB was incapable of giving informed consent because she did not understand the nature, reasons, advantages and disadvantages of the treatment; there was no realistic alternative to surgery for the large abdominal/uterine mass; the risks were reasonable and had been considered; and the treatment was necessary to prevent serious damage to OZB's health by reducing pain and preventing damage to organs and bodily systems.

Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Application for Consent to Special Medical Treatment / Decision on Application
Outcome
Consent given to special medical treatment.
Legal Topics
['special Medical Treatment' 'informed Consent' 'permanent Infertility' 'intellectual Disability' 'total Abdominal Hysterectomy and Bilateral Salpingectomy' 'oophorectomy']
['guardianship' 'medical Treatment Consent'] ['special Medical Treatment' 'informed Consent' 'permanent Infertility' 'intellectual Disability' 'total Abdominal Hysterectomy and Bilateral Salpingectomy' 'oophorectomy']

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Procedural Posture

Application for Consent to Special Medical Treatment / Decision on Application

Legal Issues

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

Ratio Decidendi

The Tribunal consented because the proposed hysterectomy and bilateral salpingectomy, with oophorectomy if required, was special medical treatment likely to render OZB permanently infertile; OZB was incapable of giving informed consent because she did not understand the nature, reasons, advantages and disadvantages of the treatment; there was no realistic alternative to surgery for the large abdominal/uterine mass; the risks were reasonable and had been considered; and the treatment was necessary to prevent serious damage to OZB's health by reducing pain and preventing damage to organs and bodily systems.

Court Disposition

Consent given to special medical treatment.

Orders

  • ['The Tribunal consents to the following special medical treatment being provided to OZB: total abdominal hysterectomy and bilateral salpingectomy and if required oophorectomy under general anaesthetic and any necessary treatment that would normally be provided in association with or directly consequent upon the...