Hospital may administer medicine to prisoner refusing it, court rules

Infection may turn septic and kill man thought to lack capacity to make decision

The High Court heard the prisoner may suffer from a mental illness. He refuses to be treated for an infection that could become septic and cause his death.

The High Court has made orders allowing a hospital to administer medical treatment to a prisoner who has been refusing medication for an infection. The application was made in respect of a prisoner, who cannot be identified, who it is claimed lacks the mental capacity to accept treatment.

In a brief application before Mr Justice Richard Humphreys yesterday, the hospital, which the judge also ruled could not be identified, sought an order allowing it to administer treatment to the man.

The court heard the man may suffer from a mental illness and is currently at the hospital. He refuses to be treated for an infection that could become septic and cause his death.

A lawyer for the hospital said the prisoner lacked capacity to make a decision in relation to his medical treatment and had failed to accept his infection could deteriorate.

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The hospital said given the man’s refusal it would not administer treatment including antibiotics unless it had a court order.

The court heard the man, who is serving a lengthy sentence, had an aggressive nature and could cause difficulty in the hospital

The prisoner's legal guardian, his guardian ad litem, told the court that she supported the hospital's application.