King’s College Hospital NHS Foundation Trust v FG [2019] EWCOP 7

Paramount Legal CostsP suffered from paranoid schizophrenia, characterized by paranoia and persecutory delusions, and examinations and an x-ray revealed he was suffering from a dislocated and fractured right shoulder. The medical team were of the opinion that his shoulder required manipulation and/or surgery under general anaesthetic. However, P consistently declined to have the surgery under general anaesthetic as he was fearful of it and the surgeon’s knife and therefore his paranoia was directly impacting his capacity to make a decision about his treatment.

The NHS Trust made an application for an order in the following terms:

  1. A declaration that P lacked capacity to make decisions regarding medical treatment for his physical health conditions;
  2. That it was lawful and in P’s best interests for him to undergo an operation to repair his right shoulder injury;
  3. That it was in his best interests to receive any sedation and anaesthesia his clinicians thought necessary to allow the operation to be done.

Mr. Justice Francis made the declarations both as to treatment and capacity as sought by the NHS Trust.

The full judgment can be read here.

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