Source: All England Reporter
Publisher Citation: [2012] All ER (D) 129 (Oct)
Court: Court of Protection

Holman J (judgment delivered extempore)

Representation Amy Street for K.
  Charles Utley for the NHS Trust.
Judgment Dates: 15 October 2012


Mental health - Patient - Medical treatment - Patient suffering from cancer - Patient lacking capacity to consent to potentially life saving surgery - Whether proposed surgery in patient's best interests - .

The Case

Mental health Patient. The Court of Protection considered whether it was in the best interests of the patient, K, to undergo treatment for uterine cancer for which she lacked the capacity to consent. There was a considerable risk that due to other co-morbidities and other factors she would die during the surgery. However, the court declared that it would be lawful for the surgery to go ahead.

Practice Areas

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