Mental Health Solicitors

A Court of Protection judge has ruled that a mentally ill woman who doctors fear have cancer should undergo exploratory surgery against her will.

The woman in her sixties reportedly experienced post-menopausal bleeding and symptoms suggestive of gynaecological cancer. She has suffered mental health problems since she was a teenager and is a paranoid schizophrenic.

Bosses at the NHS Hospital Trust responsible for her care made a request to Mr Justice Hayden to approve exploratory surgery. If cancer is confirmed they have also requested a hysterectomy.

After analysing the case at a hearing in the Court of Protection, the judge has given the go-ahead for the surgery. Mr Justice Hayden said that he had to balance the health benefits of treating cancer if discovered against a likely decline in her mental health if forced to undergo surgery. Barrister Sophia Roper who led the trust’s legal team asserted that the surgery would be in the woman’s best interests. However, Barrister Clair Watson, who was instructed by staff at the Official Solicitor’s Office and represented the woman, disagreed on the basis that doctors may not find cancer and the risk to the woman’s mental health was too severe.

After hearing these competing arguments, Mr Justice Hayden said the case was a difficult one, but announced his decision that the woman should undergo surgery as it would be in her best interests.

Duncan Lewis Mental Health 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 033 3772 0409.