North Bristol NHS Trust v R [2023] EWCOP 5 (10 February 2023) – Capacity

NHS Childbirth
March 8, 2023 Michael 0 Comments

This is an application by North Bristol NHS Trust (hereafter “the Trust”) for declarations that R lacks capacity to decide whether or not her unborn baby should be delivered pre-term by elective Caesarean section and that an elective Caesarean section at 34 weeks is in her best interests. [1]

R has not expressed an objection to giving birth by way of Caesarean section.  However, the medical team caring for R are concerned that there is a risk that she may ultimately refuse the Caesarean in the same way as she has intermittently refused foetal monitoring, resulting in her physical and/or mental heath being compromised through damage to, or the death of her baby.  [3]

I make a declaration that R lacks capacity to decide whether or not her baby should be delivered pre-term by means of an elective Caesarean section. I further declare that it is lawful, being in R’s best interests, for the Trust to perform an elective Caesarean operation on R in accordance with the care plan. [85]

Read the full judgment

 

North Bristol NHS Trust v R [2023] EWCOP 5 (10 February 2023) – Capacity was last modified: March 9th, 2023 by Michael

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