Lancashire Teaching Hospitals NHS Foundation Trust v PM & Ors

PM lacks capacity to make decisions regarding her delivery and it is in her best interests to undergo an elective Caesarean section under spinal block, with general anaesthetic authorized as a contingency if strictly necessary.

Parties: Applicant: Lancashire Teaching Hospitals NHS Foundation Trust; First Respondent: PM; Second Respondent: Lancashire and South Cumbria NHS Foundation Trust; Third Respondent: PZ
Jurisdiction: England and Wales
Judgment Date: 09 December 2021
Procedural Posture: Court of Protection Application / Judgment
Outcome: Declarations granted; elective Caesarean section authorized under spinal block with contingency for general anaesthetic.
Legal Topics: Capacity Assessment, Best Interests Decision, Medical Treatment Authorization

Mental Capacity Health Law Capacity Assessment Best Interests Decision Medical Treatment Authorization

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Parties

Lancashire Teaching Hospitals NHS Foundation Trust

Applicant

First Respondent

Lancashire and South Cumbria NHS Foundation Trust

Second Respondent

Third Respondent

Procedural Posture

Court of Protection Application / Judgment

Legal Issues

1 Whether PM lacks capacity to conduct proceedings and make decisions regarding delivery mode
2 Whether it is in PM's best interests to undergo an elective Caesarean section with spinal block, with contingency for general anaesthetic

Ratio Decidendi

Court Disposition

Declarations granted; elective Caesarean section authorized under spinal block with contingency for general anaesthetic.

Orders

Elective Caesarean section to be performed under spinal block.
General anaesthetic authorized only if strictly necessary for safety.