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Manchester Universtity NHS Foundation Trust v DE [2019] EWCOP 19

28/5/2019

 
​Application by Manchester University NHS Trust for a declaration that the P, who is a Jehovah's witness, lacks capacity to conduct proceedings, and to consent to treatment on her left leg, and that it is lawful and in the P's best interests for her to be given blood products if it becomes clinically necessary during an operation on her left leg. The application was granted.
The P had an accident by falling down the stairs of a bus. She suffered a serious break to her left femur and tibia. She needed an operation but there was a risk that during the operation she would need a blood transfusion or blood products. She was at risk of dying if such treatment could not be carried out.

The court granted the application. The P was not strongly identifying herself with the beliefs of Jehovah's Witnesses, and indeed her mother supported the operation going ahead.In those circumstances the court had no hesitation in finding that it was in the P's best interests to have the operation.

Read the full text of the judgment on Bailii

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