GSTT, SLAM v R [2020] EWCOP 4, 2020 WL 00476197

Relevance:      Capacity assessments

                        Obstetrics

Topic:             Fluctuating capacity

Anticipatory declaration

The case:  concerned the obstetric treatment of R who, on 30th August 2019, was 39 weeks and six days in to her pregnancy. R has a diagnosis of bipolar affective disorder which is characterised by psychotic episodes. All the treating clinicians agreed: R had capacity to make decisions as to her ante-natal and obstetric care; there was a substantial risk of a deterioration in R's mental health, such that she would likely lose capacity during labour; there was a risk to her physical health, in that she could require an urgent Caesarean section ('C-section') for the safe delivery of her baby but might resist.

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