The WLR Daily case summaries
[2024] WLR(D) 362
Court of Appeal
University Hospitals Birmingham NHS Foundation Trust v Thirumalesh (decd) and others
[2024] EWCA Civ 896
2024 May 2, 3;
July 31
July 31
King, Singh, Baker LJJ
Mental capacity— Court of protection— Capacity to make decisions— Adult patient suffering from chronic degenerative disease with no known cure— Treating clinicians recommending move to palliative care— Patient refusing to accept prognosis and wishing to explore experimental treatments overseas— NHS Foundation Trust seeking declaration patient lacking capacity to make decisions about treatment— Whether lack of “belief” in medical diagnosis and prognosis inevitably leading to conclusion patient lacking capacity to make decisions as to medical treatment— Whether patient lacking capacity—
Mental Capacity Act 2005 (c 9), s 3