M(J) v St. Vincent's Hospital
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 24 October 2002 |
| Docket Number | [2002 No. 13684P] |
| Date | 24 October 2002 |
High Court
Wards of court - Refusal of medical treatment - Lunacy - Right to self-determination - Urgent application - Patient in coma - Parens patriae jurisdiction - Wishes of husband - Whether court should uphold decision to refuse medical treatment - Whether court can rely on parens patriae jurisdiction - Lunacy Regulation (Ireland) Act 1871 (34 & 35 Vict., c. 22) - Constitution of Ireland 1937 Article 40.
Constitution - Personal rights - Right to life - Right to refuse medical treatment - Right to self-determination - Court's jurisdiction to intervene - Whether decision final and clear - Constitution of Ireland 1937 Article 40.3.
The notice party was critically ill and required immediate blood transfusions and a liver transplant to save her life. Her husband, the applicant, was a Jehovah's Witness and the notice party, who was African, had adopted her husband's religion upon their marriage. She had been studying to do so since March, 2002. During a lucid interval, the notice party discussed the matter of her treatment with the applicant and later, when not so clear of speech or mind, indicated to him her decision to accept the medical treatment. However, within a short period of time, she refused to sign the consent form and appeared to have changed her mind.
Held by the High Court (Finnegan P.), in admitting the notice party to wardship and directing the provision of medical treatment, 1, that, having regard to the circumstances of the case and, in particular, the delay which would be incurred by following the normal statutory route, the court could rely on its parens patriae jurisdiction in deciding whether or not to uphold a decision to refuse medical treatment.
In re D. [1987] I.R. 449 and In re Birch (1892) 29 L.R. Ir. 274 applied.
2. That, in exercising its jurisdiction to protect and vindicate the personal right of a ward of court to refuse medical treatment, the court should consider the right of the person to determine for herself provided she was competent to make such a decision.
In re a Ward of Court (withholding medical treatment) (No. 2) [1996] 2 I.R. 79 applied.
3. That the decision to refuse treatment was not a clear final decision as the notice party was pre-occupied with her husband and his religious beliefs rather than her own welfare and whether or not to have treatment. Her decision to refuse treatment stemmed from the notice party's cultural background and desire to please her husband and not to offend his sensibilities.
Cases mentioned in this report:-
In re Birch (1892) 29 L.R. Ir. 274.
In re D. [1987] I.R. 449; [1988] I.L.R.M. 251.
In re a Ward of Court (withholding medical treatment) (No. 2) [1996] 2 I.R. 79; [1995] 2 I.L.R.M. 401.
Plenary summons.
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