Manchester University NHS Foundation Trust v DE [2019] EWCOP 19

Jehovah's Witness - blood transfusion "The only issue during the hearing was the degree to which DE's wishes and feelings would be overborne by a decision to allow a blood transfusion, in the light of her being a Jehovah's Witness; and therefore whether there was a disproportionate interference in DE's article 8 rights. However, the evidence even at the oral hearing was that although DE described herself as a Jehovah's Witness she was not someone for whom those beliefs were central to her personality or sense of identity. During the oral hearing I did not get any sense that she would feel deeply upset if an order was made in the form sought, or that she would feel a deep conflict with her religious beliefs. As such she was someone who was in a quite different decision from B in Jackson J's decision, where his religious beliefs were fundamental to B's sense of who he was. The other stark contrast with that case is that DE had been completely clear that she did not want to die. She is also significantly younger than was B."

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Full judgment: BAILII

Subject(s):

  • Medical treatment cases🔍

Date: 19/4/19🔍

Court: Court of Protection🔍

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Judge(s):

Parties:

  • Manchester University NHS Foundation Trust🔍
  • DE🔍

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Published: 8/7/19 22:16

Cached: 2024-10-11 15:29:59