Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8

Leg amputation (1) TM lacked capacity in relation to the proposed bilateral below-knee amputation. (2) It was in his best interests to receive the surgery, and quickly, to avoid sepsis and death. (3) The pervasiveness of his misguided belief that he would recover without surgery substantially diminished the weight that might otherwise be given to his consistently expressed refusal. (4) The judge noted that it had become much easier for judges to visit the protected party since video conferencing platforms had been adopted.

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 111, February 2021)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Medical treatment cases🔍

Date: 21/1/21🔍

Court: Court of Protection🔍

Judge(s):

• Hayden🔍

Parties:

• Pennine Acute Hospitals NHS Trust🔍
• TM🔍

Citation number(s):

• [2021] EWCOP 8^B

What links here:

• Alex Ruck Keene et al, 'Court of Protection Handbook: Handbook updates' (updated 1/5/21)

Published: 30/1/21 22:07

Cached: 2025-05-22 19:29:21