Although a decision turning mostly on factual findings, the matter is noteworthy as:
- It is an early example applying the Rogers v Whitaker approach to informed consent, adopted by the UK Supreme Court in Montgomery v Lanarkshire Health Board; and
- It addresses withdrawal of consent, including capacity at the time and emergency at the time: .
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: .
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…’: .