Withdrawal of consent & emergency during treatment

Again highlighted in the DLA Piper newsletter is the recent decision Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB).

Although a decision turning mostly on factual findings, the matter is noteworthy as:

Although the court found that there was no withdrawal of consent, if there had been then at the time the patient lacked capacity to withdraw her consent, by reason of the medications given to her: [118].

If there had been no consent at the relevant time (contrary to the findings) then then there was what the doctor rightly regarded as an emergency, such that it was ‘imperative that time was not wasted in detailed explanation…’: [120].

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