D, Re (Medical Treatment) [2017] EWCOP 15 (05 September 2017)

D, Re (Medical Treatment) [2017] EWCOP 15 (05 September 2017)

The court held that it is not in D's best interests to undergo the proposed stem cell treatment abroad. The treatment is experimental, lacks sufficient clinical evidence of efficacy, and carries significant known and unknown risks. D's wishes, while clearly and consistently expressed, are based on unrealistic expectations and are not supported by objective medical evidence. The potential psychological benefit of respecting D's wishes does not outweigh the risks and lack of proven benefit. The progress D has made through rehabilitation and the potential for further improvement would be jeopardized by the proposed treatment. Accordingly, the application is refused.

Citation
[2017] EWCOP 15
Parties
Applicant: B; First Respondent: D (by his litigation friend, the Official Solicitor); Second Respondent: The Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
05 September 2017
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Final Judgment on Application for Declaration and Order Regarding Medical Treatment
Outcome
Application refused
Legal Topics
Best Interests Decision Making, Experimental Medical Treatment, Capacity Assessment, Court of Protection Procedure
Mental Capacity Law Medical Law Public Law Best Interests Decision Making Experimental Medical Treatment Capacity Assessment Court of Protection Procedure

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Parties

B

Applicant

D (by his litigation friend, the Official Solicitor)

First Respondent

The Ministry of Defence

Second Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Final Judgment on Application for Declaration and Order Regarding Medical Treatment

Legal Issues

  1. 1 Whether it is in D's best interests to receive experimental stem cell treatment abroad
  2. 2 Whether D has capacity to make decisions regarding his medical treatment
  3. 3 Appropriate weight to be given to D's wishes and feelings

Ratio Decidendi

The court held that it is not in D's best interests to undergo the proposed stem cell treatment abroad. The treatment is experimental, lacks sufficient clinical evidence of efficacy, and carries significant known and unknown risks. D's wishes, while clearly and consistently expressed, are based on unrealistic expectations and are not supported by objective medical evidence. The potential psychological benefit of respecting D's wishes does not outweigh the risks and lack of proven benefit. The progress D has made through rehabilitation and the potential for further improvement would be jeopardized by the proposed treatment. Accordingly, the application is refused.

Court Disposition

Application refused

Orders

  • Declaration that it is not in D's best interests to undergo the proposed stem cell treatment abroad
  • No order appointing Mrs B as health and welfare deputy