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Child Care Solicitors
Court of Protection rules doctors can carry out C-section on mental health patient (1 May 2014)
Date: 01/05/2014
The Court of Protection has given the go-ahead for doctors at Sunderland Council to sedate – and restrain by force if necessary – a pregnant woman in her thirties, so that her baby can be born by Caesarean section.
The woman is 36 week pregnant and has a mental health condition similar to schizophrenia.
In the High Court Family Division in London, Mr Justice Hayden ruled that because of the woman’s mental health condition – and the fact she also has a liver condition which might pose a health risk to her and her unborn baby – doctors acting on behalf of Sunderland Council could carry out the C-section without the woman’s consent.
The Daily Mail reports that the woman’s father agrees with doctors – allegedly saying that his daughter is “in such a state” that she could not cope with a natural delivery.
A lawyer representing the woman in court also agrees with the medical opinion of doctors wishing to carry out the operation.
Mr Justice Hayden said there was “compelling evidence” that the woman was unable to evaluate medical advice herself, however – although if well, there was evidence that she would put her unborn child’s best interests first and follow medical advice.
Doctors were hoping to have delivered the baby by Wednesday (30/04/14) and the woman’s parents will care for it in the hope their daughter will become well enough to assume full responsibility for her child.
The woman’s identity has been protected by the court, which also ruled that the identity of the council which made the application – City Hospitals Sunderland NHS Foundation Trust – could be released.
Duncan Lewis Children Law Solicitors
Duncan Lewis children law solicitors can advise on matters such as care proceedings, children taken into Local Authority care and Court of Protection.
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For expert legal advice on childcare law, contact Duncan Lewis children solicitors on 020 7923 4020.