A Court of Protection judge has ruled that doctors can sedate a man in order to give him cancer treatment.
The man, who is in his fifties, was found walking the streets in a confused state. After analysing his case in a hearing in the Court of Protection, it has been concluded that he does not have the mental capacity to make decisions about his care.
Ms Justice Russell ruled that doctors could sedate the man in order to provide him with life-saving chemotherapy, and she said that bosses at the Chelsea and Westminster Hospital NHS Trust hold responsibility for his care.
The Trust’s legal team have said that without chemotherapy, the man’s cancer would kill him. Nicola Greaney, who led the legal team, said bosses wanted a judge to approve sedation because the man would pull out tubes providing his medicine. Miss Greaney highlighted that the man had been “found walking the streets in a confused state” earlier this year and Trust staff have not been able to trace any family members or friends of the man.
Miss Greaney said they had no objections to doctor’s proposals regarding the man’s treatment, and the judge approved the treatment planned.
Duncan Lewis Court Of Protection Department
Duncan Lewis' Court of Protection Department assists individuals in both publicly and privately funded cases from offices across London and throughout the UK. The department is recommended by the independent legal directory, Legal 500, as a leading practice in cases that overlap mental health and capacity, and deprivation of liberty safeguards. The firm is also applauded for its specialism in judicial review claimant matters and higher courts work.
For more information about our Court of Protection services, please contact Duncan Lewis Solicitors on 0333 772 0409.