Hull University Teaching Hospitals NHS Trust v KD

KD lacks capacity to make decisions regarding her medical treatment due to her mental impairment, and the proposed surgical intervention and aftercare are in her best interests given the urgency and life-saving nature of the procedure.

Source-derived case information.

Parties: Applicant: Hull University Teaching Hospitals NHS Trust; Respondent: KD
Jurisdiction: England and Wales
Judgment Date: 02 July 2020
Procedural Posture: Application / Judgment
Outcome: Application granted
Legal Topics: Capacity Assessment, Best Interests, Medical Treatment, Court of Protection Procedure

Mental Capacity Health Law Capacity Assessment Best Interests Medical Treatment Court of Protection Procedure

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5

Parties

Hull University Teaching Hospitals NHS Trust

Applicant

Respondent

Procedural Posture

Application / Judgment

Legal Issues

1 Does KD have capacity to consent to the proposed surgical intervention?
2 Is the proposed surgical intervention in KD's best interests?

Ratio Decidendi

Court Disposition

Application granted

Orders

The proposed surgical intervention (right-sided video-assisted thorascopic bullectomy and pleurodesis) and aftercare are authorised as being in KD's best interests.
Safeguards including the use of gloves/mittens to prevent removal of drains are endorsed.

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