It is difficult to briefly describe all of the issues touched on by the court in the Court of Protection decision In the matter of SW [2017] EWCOP 7, an application lodged by the son of a man affected by multiple myeloma. The application sought various orders such that the man could undergo allogenic bone marrow transplantation. However the application appears to have been intended to set a precedent with wider application, so as to “enable the public to obtain these life-saving, and curative treatments, from family members – not only for haematological cancers such as leukaemia, lymphoma and myeloma but also for solid tumours, with minimal residual disease, such as metastatic breast, colon & pancreas” (at [26]).

Two doctors sought to be joined to the application, apparently with a view to them carrying out the proposed procedure. Unfortunately both doctors had their names erased from the Medical Register following determinations by Fitness to Practise Panels of the Medical Practitioners Tribunal Service: [6].

Refusing the application, the court noted the lack of clear evidence as to the man’s lack of capacity or his views as to the proposed treatment and noted the difficulty caused by the proposed treatment being carried out by two deregistered doctors: [25].

A costs order was made, not only against the applicant but also against the two deregistered doctors: [37] – [39].

With thanks to Lise Barry of Macquarie Law School, for drawing my attention to this decision.

 

 

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