S, Re [2013] NIFam 8 (15 August 2013)

S, Re [2013] NIFam 8 (15 August 2013)

Given S's lack of capacity and the minimal but real risk to his life during surgery, it is in his best interests to permit the use of blood products if medically necessary, despite his mother's religious objections. The declaration is limited to circumstances where use is necessary to preserve S's life.

Citation
[2013] NIFam 8
Parties
Patient: S; Mother/guardian: P; Representative for S: Official Solicitor; Applicant: Trust/Clinicians
Jurisdiction
Northern Ireland
Judgment Date
15 August 2013
Procedural Posture
Family/medical Treatment Application / Application for Declaration Regarding Medical Treatment
Outcome
Declaration granted
Legal Topics
Capacity to Consent, Best Interests, Use of Blood Products, Jehovah's Witnesses and Medical Treatment, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR
Family Law Medical Law Human Rights Capacity to Consent Best Interests Use of Blood Products Jehovah's Witnesses and Medical Treatment Article 2 ECHR +2 more

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Parties

S

Patient

P

Mother/guardian

Official Solicitor

Representative for S

Trust/Clinicians

Applicant

Procedural Posture

Family/medical Treatment Application / Application for Declaration Regarding Medical Treatment

Legal Issues

  1. 1 Whether S lacks capacity to consent to medical treatment
  2. 2 Whether it is in S's best interests to permit use of blood products contrary to his mother's wishes
  3. 3 How to balance S's right to life and bodily integrity with religious objections

Ratio Decidendi

Given S's lack of capacity and the minimal but real risk to his life during surgery, it is in his best interests to permit the use of blood products if medically necessary, despite his mother's religious objections. The declaration is limited to circumstances where use is necessary to preserve S's life.

Court Disposition

Declaration granted

Orders

  • Declaration permitting use of blood products for S during dental surgery if medically necessary to preserve life