An NHS Trust v J

An NHS Trust v J

Mrs J lacks capacity to litigate and to make decisions regarding her medical treatment due to chronic schizophrenia with delusional disorder, and it is in her best interests to undergo the proposed investigations and treatment, as the risks of not treating her cancer and ulcers outweigh the disadvantages of...

Source-derived case information.

Parties
Applicant: AN NHS TRUST; Respondent: Mrs J
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Court of Protection Application / Judgment
Outcome
Application granted
Legal Topics
Mental Capacity, Best Interests, Medical Treatment Without Consent
Mental Health Law Medical Law Mental Capacity Best Interests Medical Treatment Without Consent

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Summary, issues, holding and outcome

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Parties

AN NHS TRUST

Applicant

Mrs J

Respondent

Procedural Posture

Court of Protection Application / Judgment

Legal Issues

  1. 1 Whether Mrs J lacks capacity to litigate and to make decisions about her medical treatment
  2. 2 Whether it is in Mrs J's best interests to undergo medical investigations and treatment despite her refusal

Ratio Decidendi

Mrs J lacks capacity to litigate and to make decisions regarding her medical treatment due to chronic schizophrenia with delusional disorder, and it is in her best interests to undergo the proposed investigations and treatment, as the risks of not treating her cancer and ulcers outweigh the disadvantages of proceeding against her wishes.

Court Disposition

Application granted

Orders

  • Declarations made that Mrs J lacks capacity to litigate and to make decisions about her medical treatment
  • Declarations made that it is in Mrs J's best interests to undergo the proposed investigations and treatment