Re W (A Minor) (Medical Treatment)

All Engl Law Rep. 1992 Jul 10:[1992]4:627-49.

Abstract

KIE: The English Court of Appeal, Civil Division, exercised its unlimited inherent jurisdiction over minors, and ordered that a 16-year-old girl suffering from anorexia nervosa be transferred against her will from an adolescent residential unit to a hospital specializing in eating disorders. Although the girl had sufficient intelligence and understanding to make informed decisions, the special hospital was in the girl's best interest. The court emphasized that, because a unique characteristic of anorexia nervosa is that the patient desires not to be cured, adhering to the minor's wishes in this case could lead to her death or severe permanent injury. The court explained that treatment of an anorexic patient must consider state of mind, as well as body weight. The court further held that the 1969 Family Law Reform Act is inapplicable to the issue of whether a 16-year-old minor has the absolute right to refuse medical treatment.

Publication types

  • Legal Case

MeSH terms

  • Adolescent*
  • Age Factors
  • Anorexia Nervosa*
  • Civil Rights
  • Decision Making
  • Emergency Medical Services
  • Female
  • Hospitals
  • Humans
  • Informed Consent*
  • Judicial Role
  • Jurisprudence*
  • Mental Competency
  • Mental Disorders
  • Minors*
  • Patient Transfer
  • Risk
  • Risk Assessment
  • Treatment Refusal*
  • United Kingdom
  • Women