United Kingdom serious medical treatmenteligibility

Hospital Trust v CD

A Hospital NHS Trust v CD [2015] EWCOP 74

JurisdictionUnited Kingdom

CourtCourt of Protection (Mostyn J)

Year2015

StatusPersuasive authority

Key Principle

An incapacitated patient's wishes and feelings, even where they coincide with the clinically recommended course, cannot displace an unequivocal finding of incapacity, and serious medical treatment may be authorised in her best interests despite her detention under the Mental Health Act.

Area of Law

General

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