HE v Hospital NHS Trust & Anor [2003] EWHC 1017 (Fam) (07 May 2003)

HE v Hospital NHS Trust & Anor [2003] EWHC 1017 (Fam) (07 May 2003)

The advance directive refusing blood transfusion, being founded entirely on AE's former faith as a Jehovah's Witness, ceased to be effective upon her deliberate abandonment of that faith and reversion to Islam. There was no clear and convincing evidence that the advance directive remained valid and applicable. In the absence of a valid advance directive, the doctors must act in AE's best interests, which required administering blood transfusions.

Citation
[2003] EWHC 1017 (Fam)
Parties
Claimant: HE; First Defendant: A Hospital NHS Trust; Second Defendant: AE (by her litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
07 May 2003
Procedural Posture
Urgent Application (family Division, High Court) / Ex Parte Hearing and Judgment on Urgent Medical Treatment
Outcome
Application granted; declarations made
Legal Topics
Advance Directives, Consent to Medical Treatment, Capacity, Jehovah's Witnesses and Blood Transfusion, Best Interests, Revocation of Advance Directives
Medical Law Family Law Advance Directives Consent to Medical Treatment Capacity Jehovah's Witnesses and Blood Transfusion Best Interests Revocation of Advance Directives

Case Brief

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Parties

HE

Claimant

A Hospital NHS Trust

First Defendant

AE (by her litigation friend the Official Solicitor)

Second Defendant

Procedural Posture

Urgent Application (family Division, High Court) / Ex Parte Hearing and Judgment on Urgent Medical Treatment

Legal Issues

  1. 1 Whether an advance directive refusing blood transfusion remains valid and applicable after a change of faith and circumstances
  2. 2 Whether the patient lacks capacity to consent to medical treatment
  3. 3 Whether it is lawful to administer blood transfusions contrary to the advance directive

Ratio Decidendi

The advance directive refusing blood transfusion, being founded entirely on AE's former faith as a Jehovah's Witness, ceased to be effective upon her deliberate abandonment of that faith and reversion to Islam. There was no clear and convincing evidence that the advance directive remained valid and applicable. In the absence of a valid advance directive, the doctors must act in AE's best interests, which required administering blood transfusions.

Court Disposition

Application granted; declarations made

Orders

  • Declaration that AE lacks capacity to decide whether or not to accept medical treatment
  • Declaration that it is lawful and in AE's best interests for the hospital and its staff to administer such treatment, including blood transfusions, as the treating medical staff deem appropriate