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Re. F (a mental patient: sterilization) [1990] 2 AC 1, (1989) 4 BMLR 1 (HL)

Court decision

The decision in this case helped to clarify the common law in relation to general medical and surgical treatment of people who lack the capacity to consent. No one may give consent on behalf of an adult, but the law states that a proposed operation is lawful if it is in the best interests of the patient and unlawful if it is not.

  • treatment which is necessary to preserve the life, health or well-being of the patient may lawfully be given without consent.

  • the standard of care is laid down in the case of Bolam v Friern HMC 1957, i.e. one must act in accordance with a responsible body of relevant professional opinion.

  • in many cases, it will not only be lawful for doctors, on the ground of necessity to operate or give other medical treatment to adult patients unable to consent, but it will also be their common law duty to do so.

  • in practice, a decision may involve others besides the doctor. It must surely be good practice to consult relatives and others who are concerned with the care of the patient.

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