Application by an NHS Trust to treat Mr Y's fractured and dislocated shoulder. The application was granted.
Mr Y, who has been diagnosed with Paranoid Schizophrenia, sustained multiple injuries and suffered from a seizure which necessitated admission to the Intensive Care Unit. Investigations found that he had fractured the left humeral head and dislocated his left shoulder. Mr Y’s delusional beliefs and thinking result in him not believing surgery is necessary in order to avoid future pain and the loss of function in his left arm. As a result he cannot weigh up the relevant information to arrive at a decision. He is unable to make a decision within the meaning of section 3 of the 2005 Act. He therefore lacks capacity in respect of the relevant matter, the giving of his consent to the surgical team for the shoulder operation. The Trust applied to the court to be given permission to treat him.
The court granted the application after considering all the section 4, 2005 factors, saying it was necessary to place considerable weight on the value of Mr Y’s independence when determining where his best interests lie. An order that the surgical procedure was in Mr Y’s best interests was made.
Read the full text of the judgment here
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