SJ, Re

SJ, Re

SJ lacks capacity to make decisions regarding his medical treatment. The medical evidence overwhelmingly supports that, without a colostomy, SJ will likely die within four to six months due to recurrent sepsis from his infected wound. The risks of surgery are now much reduced and are outweighed by the benefits. Authorising the colostomy is in SJ's best interests, notwithstanding his and his sister's objections.

Parties
Applicant: X NHS Trust; Patient: SJ; Second Respondent (sister): MJ
Jurisdiction
England and Wales
Judgment Date
24 August 2018
Procedural Posture
Court of Protection Medical Treatment Application / Final Hearing and Judgment on Application for Authorisation of Medical Treatment
Outcome
Application granted
Legal Topics
Best Interests, Capacity to Consent to Medical Treatment, Authorisation of Medical Treatment, Deprivation of Liberty
Mental Capacity Law Medical Law Best Interests Capacity to Consent to Medical Treatment Authorisation of Medical Treatment Deprivation of Liberty

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Parties

X NHS Trust

Applicant

SJ

Patient

MJ

Second Respondent (sister)

Procedural Posture

Court of Protection Medical Treatment Application / Final Hearing and Judgment on Application for Authorisation of Medical Treatment

Legal Issues

  1. 1 Whether SJ lacks capacity to make decisions regarding his medical treatment
  2. 2 Whether it is in SJ's best interests to authorise a colostomy under general anaesthetic
  3. 3 Whether the application should be adjourned at the request of the sister

Ratio Decidendi

SJ lacks capacity to make decisions regarding his medical treatment. The medical evidence overwhelmingly supports that, without a colostomy, SJ will likely die within four to six months due to recurrent sepsis from his infected wound. The risks of surgery are now much reduced and are outweighed by the benefits. Authorising the colostomy is in SJ's best interests, notwithstanding his and his sister's objections.

Court Disposition

Application granted

Orders

  • Authorisation for X NHS Trust to perform a colostomy under general anaesthetic on SJ and provide subsequent care, including intensive care if necessary.
  • Declaration that SJ lacks capacity to make decisions regarding his medical treatment.