MS, R (on the application of) v Collins & Anor [1998] EWCA Civ 1349 (30 July 1998)

MS, R (on the application of) v Collins & Anor [1998] EWCA Civ 1349 (30 July 1998)

The Court of Appeal established guidelines for hospital authorities and health professionals to follow when a patient's capacity to consent to or refuse medical treatment is in doubt, emphasizing assessment of capacity, documentation, involvement of the Official Solicitor where necessary, and the need for judicial oversight in complex or urgent cases. The guidelines are based on the principle that competent patients have the right to refuse treatment, and that incapacitated patients must be treated in their best interests, with court involvement where appropriate.

Citation
[1998] EWCA Civ 1349
Parties
Applicant: MS; Respondent: Louize Collins; Respondent: Pathfinder Mental Health Services NHS Trust; Respondent: St Georges Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
30 July 1998
Procedural Posture
Judicial Review / Court of Appeal Judgment Issuing Guidelines
Outcome
Guidelines issued; previous draft guidelines superseded.
Legal Topics
Capacity to Consent, Medical Treatment Without Consent, Advance Directives, Emergency Medical Orders, Role of Official Solicitor
Medical Law Mental Health Law Family Law Capacity to Consent Medical Treatment Without Consent Advance Directives Emergency Medical Orders Role of Official Solicitor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

MS

Applicant

Louize Collins

Respondent

Pathfinder Mental Health Services NHS Trust

Respondent

St Georges Healthcare NHS Trust

Respondent

Procedural Posture

Judicial Review / Court of Appeal Judgment Issuing Guidelines

Legal Issues

  1. 1 What procedures should hospital authorities follow when a patient's capacity to consent to or refuse treatment is in doubt?
  2. 2 What are the legal principles governing treatment of incapacitated patients, especially in urgent medical situations?

Ratio Decidendi

The Court of Appeal established guidelines for hospital authorities and health professionals to follow when a patient's capacity to consent to or refuse medical treatment is in doubt, emphasizing assessment of capacity, documentation, involvement of the Official Solicitor where necessary, and the need for judicial oversight in complex or urgent cases. The guidelines are based on the principle that competent patients have the right to refuse treatment, and that incapacitated patients must be treated in their best interests, with court involvement where appropriate.

Court Disposition

Guidelines issued; previous draft guidelines superseded.

Orders

  • Hospital authorities and health professionals must follow the issued guidelines in cases involving doubt about patient capacity to consent to or refuse treatment.
  • Previous draft guidelines at the end of the judgment are superseded by these guidelines.