East Lancashire Hospitals NHS Trust v PW

East Lancashire Hospitals NHS Trust v PW

PW lacks capacity to make the decision regarding amputation due to paranoid schizophrenia and cognitive impairment, as he cannot understand or weigh the relevant information. It is in PW's best interests to undergo the below-knee amputation because it is necessary to prevent life-threatening infection, alternative treatments are not viable, and his opposition is based on delusional beliefs rather than a true understanding of his situation.

Parties
Claimant: East Lancashire Hospitals NHS Trust; Defendant: PW
Jurisdiction
England and Wales
Judgment Date
21 March 2019
Procedural Posture
Court of Protection Application / Judgment After Urgent Hearing
Outcome
Application granted
Legal Topics
Medical Treatment Without Consent, Best Interests Decision Making, Capacity Assessment, Delay in Applications, Urgent Medical Applications
Mental Capacity Law Health Law Medical Treatment Without Consent Best Interests Decision Making Capacity Assessment Delay in Applications Urgent Medical Applications

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Parties

East Lancashire Hospitals NHS Trust

Claimant

PW

Defendant

Procedural Posture

Court of Protection Application / Judgment After Urgent Hearing

Legal Issues

  1. 1 Whether PW lacks capacity to decide on leg amputation surgery
  2. 2 Whether it is in PW's best interests to undergo the surgery

Ratio Decidendi

PW lacks capacity to make the decision regarding amputation due to paranoid schizophrenia and cognitive impairment, as he cannot understand or weigh the relevant information. It is in PW's best interests to undergo the below-knee amputation because it is necessary to prevent life-threatening infection, alternative treatments are not viable, and his opposition is based on delusional beliefs rather than a true understanding of his situation.

Court Disposition

Application granted

Orders

  • Declaration that PW lacks capacity to decide on leg amputation surgery
  • It is lawful and in PW's best interests for the Trust to perform the below-knee amputation