University Hospitals of Derby and Burton NHS Foundation Trust & Anor v MN (medical treatment : Mental Capacity Act 2005)  EWCOP 4
Application by the NHS trust to examine the P and if, clinically appropriate, to remove tumours under general anaesthetic. An interim order was made pending a final hearing in March.
The P attended his GP in August 2020 because he was passing a coffee-like substance from his urethra. Whilst he felt able to co-operate with an ultrasound performed in November 2020, the P has subsequently resisted further investigations or treatment. The P's treating urologist considers that the P's symptoms strongly indicate that he has bladder cancer, but absent a CT scan, this is not confirmed. In the event the P has bladder cancer, if left untreated, there is an as yet unquantifiable risk that he will suffer a painful deterioration due to blood clots forming in his bladder and could be prevented from urinating. While the precise timescales are unknown, without a cystoscopy procedure, the P may experience a quicker and more unpleasant death resulting from a cancerous growth metastasising. This was an application for the Trust to examine the P and treat him accordingly.
The court made an interim order that was only operative (pending the final hearing) if all of the following conditions were met:
A final hearing was to be listed in March 2021.
Read the full text of the judgment on Bailii
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Sign up for our free email alert
We do not share your details with any third parties and you can unsubscribe at any time
Useful books from Bath Publishing