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GTI, Re [2020] EWCOP 28

29/6/2020

 
​Application for declarations and orders for the P to undergo medical treatment, against his wishes, in relation to the insertion of a PEG. The declarations were made.
The P has an established history of schizoaffective disorder. During what appears to have been a paranoid episode, he stabbed himself in the neck causing significant damage to his recurrent laryngeal nerve meaning that he can no longer safely eat or drink via his mouth. If he does so the risks of pneumonia or asphyxia are significant and the potential consequences life-threatening. The P resisted any attempts to insert a percutaneous endoscopic gastrostomy (PEG), naso-gastric tube or total parenteral nutrition lines, resulting in significant weight loss. The NHS Trust applied for declarations and orders that it was in his best interests to undergo medical treatment in relation to the insertion of a PEG or a radiologically inserted gastrostomy, together with associated ancillary treatment.

The court made the declarations sought, saying it was never easy to make a decision which is contrary to a person's own wishes but in this case it was in the P's best interests to undergo the PEG procedure and that he lacks capacity to take the decision himself.

Read the full text of the judgment on Bailii

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