Cancer Patient to be Operated by Force
Sir Nicholas Wall

A life life-saving operation by force has been permitted for a cancer patient who has a phobia of hospitals by a high Court judge.

Sir Nicholas Wall, sitting at the Court of Protection, ruled doctors could forcibly sedate the 55-year-old woman - referred to as PS.

Doctors at her NHS Foundation trust had argued PS would die if her ovaries and fallopian tubes were not removed.

As PS lacked the capacity to make decisions about her health, she had to be operated as soon as possible, as the slow growing disease would, without surgery, ultimately spread and kill her.

Evidence presented to Sir Nicholas, head of the High Court Family Division, said PS was diagnosed with uterine cancer last year.

The women having needle phobia as well as a hospital phobia, is said to have a "significant impairment in intellectual functioning" and had refused to attend hospital for treatment.

In his ruling, Sir Nicholas said if persuasion failed, doctors could sedate PS in order to get her to hospital - and to detain her there while she recovered after the operation.

He was "entirely satisfied" and was believed that it was "right to make the declarations sought by the trust".

"Although the application is unusual and may involve the use of force, I am nonetheless impressed by the care and thought which have gone into ensuring that PS receives the treatment which she plainly needs and which it is plainly in her interests to have", he said.

The Court of Protection which usually sits in secret, Sir Nicholas said he made the ruling public to help others "who may be faced with a similar dilemma".

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