The High Court exercised its inherent jurisdiction and authorised a deprivation of liberty in respect of the capacitous P.
Application by a London NHS Trust seeking a declaration that amputation of the left leg through the knee was in the P's best interests. The application was allowed.
The P had a severely gangrenous left foot for which the recommended clinical treatment was amputation of the left leg. The P did not agree to the treatment, his explanation being based on his belief that his foot was not part of the reason his admission to hospital in August 2018 and that it had reached its current state as a result of neglect by the treating team who, in his opinion, should have allowed him to apply ointments and to cover his foot with a dressing. The consultant liaison psychiatrist reported that the P did not understand that there was a very high risk of death unless the operation took place and most importantly that the P had said to her that he does not wish to die.
The court acceded to the application, saying that the P's best interests were best served by proceeding with the proposed amputation.
Read the full text of the judgment on Bailii
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