MB and CB v RB - Ex Tempore Ruling
Trespass; Person; Battery; Surgical operation on mentally handicapped adult; Adult unable to consent to open heart surgery; Whether Operation without consent justified; Operation considered to be in adult's best interests; Whether jurisdiction in court to approve operation being performed; Jurisdiction of court to grant declaration as to validity of proposed medical operation; Procedure to apply when applying for a declaration; Whether Section 13 and Section 14 of the Mental Health Law confer jurisdiction on the Court to decide questions relating to medical treatment. Consent to medical treatment; Jurisdiction to authorize medical treatment for mentally incapacitated adult; Common law principles on consent; Inherent jurisdiction for declarations; Mental Health Law interpretation
| Cause Number | G 0202/2012 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Williams J |
| Parties | MB and CB v RB - Ex Tempore Ruling |
| Judgment Date | 2012-04-23 |
| Subject | Trespass; Person; Battery; Surgical operation on mentally handicapped adult; Adult unable to consent to open heart surgery; Whether Operation without consent justified; Operation considered to be in adult's best interests; Whether jurisdiction in court to approve operation being performed; Jurisdiction of court to grant declaration as to validity of proposed medical operation; Procedure to apply when applying for a declaration; Whether Section 13 and Section 14 of the Mental Health Law confer jurisdiction on the Court to decide questions relating to medical treatment. Consent to medical treatment; Jurisdiction to authorize medical treatment for mentally incapacitated adult; Common law principles on consent; Inherent jurisdiction for declarations; Mental Health Law interpretation |
| Filename (current) | 12-04-23_mb__cb_v_rb.pdf |