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The court made declarations both as to capacity and as to treatment of the P that were sought by King's College Hospital NHS Foundation Trust. The P suffered from paranoid schizophrenia and from a dislocated and fractured right shoulder that, in the opinion of the medical team, required manipulation and/or surgery under general anaesthetic. The P's paranoia was directly impacting on his capacity to make a decision around his treatment because he was very fearful of anaesthetic and the surgeon's knife and maintained he could not withstand a general anaesthetic. He refused to allow the treatment to be done so the NHS Trust applied to the CoP for an order.
The court agreed with the NHS Trust that the P lacked capacity and allowed the planned treatment to go ahead. Read the full text of the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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