North Middlesex University Hospital NHS Trust v SR [2021] EWCOP 58

Contingent declaration - caesarean SR had capacity to make decisions about her care in pregnancy and at birth, and wanted a caesarean section. The judge did not determine whether a threshold test for contingent declarations was necessary but suggested (obiter) that the appropriate threshold would be "a real risk" that the person may lose capacity. There was such a risk, and it was in SR's best interests for a planned caesarean to take place, using force if necessary.

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Full judgment: BAILII

Subject(s):

  • Medical treatment cases🔍

Date: 10/11/21🔍

Court: Court of Protection🔍

Judge(s):

Parties:

  • North Middlesex University Hospital NHS Trust🔍
  • SR🔍

Citation number(s):

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Published: 13/11/21 21:39

Cached: 2021-11-29 23:45:52