NHS Trust v T

NHS Trust v T

On the evidence, Ms T lacks capacity to refuse blood transfusion due to continuous disordered thinking from borderline personality disorder; her advance directive is invalid; it is lawful for the Claimant to administer blood transfusions and necessary treatment using minimum force if medically advised to preserve her life or avoid imminent risk of serious injury, pending final hearing.

Parties
Claimant: THE NHS TRUST; Defendant: Ms T; Official Solicitor / Solicitor Advocate: Edward Solomons
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Civil (family Division) / Interim Application for Declaratory Relief
Outcome
Interim declaration granted
Legal Topics
Capacity to Consent/refuse Treatment, Advance Directives, Best Interests, Interim Declarations, Use of Force in Medical Treatment
Medical Law Mental Health Law Family Law Capacity to Consent/refuse Treatment Advance Directives Best Interests Interim Declarations Use of Force in Medical Treatment

Case Brief

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Parties

THE NHS TRUST

Claimant

Ms T

Defendant

Edward Solomons

Official Solicitor / Solicitor Advocate

Procedural Posture

Civil (family Division) / Interim Application for Declaratory Relief

Legal Issues

  1. 1 Whether Ms T had capacity to refuse medical treatment when signing the advance directive and at present
  2. 2 Effect and interpretation of Ms T's advance directive
  3. 3 Whether an interim declaration authorising blood transfusion is lawful and appropriate

Ratio Decidendi

On the evidence, Ms T lacks capacity to refuse blood transfusion due to continuous disordered thinking from borderline personality disorder; her advance directive is invalid; it is lawful for the Claimant to administer blood transfusions and necessary treatment using minimum force if medically advised to preserve her life or avoid imminent risk of serious injury, pending final hearing.

Court Disposition

Interim declaration granted

Orders

  • It is declared that Ms T lacks capacity to make medical treatment decisions relating to blood transfusion and lacked such capacity when signing her advance directive.
  • It is lawful for the Claimant to administer blood transfusion and necessary treatment, using minimum force, if medically advised that such treatment is necessary to preserve Ms T’s life or avoid imminent risk of serious injury, until substantive hearing or further order.