Newcastle Upon Tyne NHS Foundation Trust v MB [2022] EWCOP 43

Medical treatment "The Trust seeks declarations and orders under section 15 and section 4A(3) and section 16 of the Mental Capacity Act 2005 ('MCA') that: (1) MB lacks capacity to conduct these proceedings and make decisions regarding treatment for suspected T-cell lymphoma, and (2) It is in MB’s best interests to receive high dose methotrexate ('high dose MTX') under general anaesthetic over several days, for up to four cycles, and for the deprivation of MB’s liberty arising from the use of chemical restraint and sedation to implement the treatment plan to be authorised by the court. At the commencement of the hearing the Trust indicated it now sought authorisation for up to two cycles. ... The novel aspect of the treatment comes from the way in which that it is to be delivered. The common position is that none of those who are to administer treatment, should it be in his best interests, regard it as safe to do so unless MB is sedated, intubated and ventilated at the time. It can only be delivered if MB is admitted to an intensive care unit and the treatment undertaken there."


Full judgment: BAILII


  • Medical treatment cases🔍

Date: 30/9/22🔍

Court: Court of Protection🔍



  • Newcastle upon Tyne Hospitals NHS Foundation Trust🔍
  • MB🔍

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Published: 4/12/22 11:42

Cached: 2024-02-26 08:23:42