HE v Hospital NHS Trust & Anor

HE v Hospital NHS Trust & Anor

AE's advance directive refusing blood transfusion, founded on her former faith as a Jehovah's Witness, ceased to be effective upon her deliberate abandonment of that faith and reversion to Islam. There is no clear and convincing proof of its continuing validity. Any formal requirement for written revocation is void. In the absence of a valid advance directive, doctors must act in AE's best interests, which require administering blood transfusions.

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 Ex Parte Application / Judgment
Outcome
Declaration granted; application allowed.
Legal Topics
Advance Directives, Capacity to Consent, Revocation of Advance Directives, Blood Transfusion Refusal, Religious Beliefs and Medical Treatment
Medical Law Family Law Advance Directives Capacity to Consent Revocation of Advance Directives Blood Transfusion Refusal Religious Beliefs and Medical Treatment

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 Ex Parte Application / Judgment

Legal Issues

  1. 1 Whether the advance directive refusing blood transfusion remains valid and applicable given the patient's change of faith
  2. 2 Whether the advance directive can be revoked orally or by conduct
  3. 3 Whether the hospital can lawfully administer blood transfusions in the patient's best interests

Ratio Decidendi

AE's advance directive refusing blood transfusion, founded on her former faith as a Jehovah's Witness, ceased to be effective upon her deliberate abandonment of that faith and reversion to Islam. There is no clear and convincing proof of its continuing validity. Any formal requirement for written revocation is void. In the absence of a valid advance directive, doctors must act in AE's best interests, which require administering blood transfusions.

Court Disposition

Declaration granted; application allowed.

Orders

  • It is declared that AE lacks capacity to decide whether or not to accept medical treatment.
  • It is declared that, notwithstanding the apparent existence of advance directives, it is lawful and in AE's best interests for the hospital and its staff to administer such treatment, including blood transfusions, as deemed appropriate by the treating medical staff.