Can patients be forced to receive treatment?

nigel_wilson · 09-04-2018 2:12pm #1

Let's take an example where a patient has consumed a toxic substance which is wrecking havoc on their liver and kidneys. They are advised to go to the emergency room by their family and after doing tests, doctors say they have to operate/administer medication or else their condition will deteriorate to being terminal. The patient however refuses and seeks to go home.

In this case, can the patient be sanctioned under some legislation? I know in the United States, it's very easy to commit medical and psychiatric patients involuntarily but not so sure about here.

Anita Blow · 09-04-2018 7:05pm

If the patient has capacity (IE- They understand that not accepting medical treatment will lead to a deterioration in their condition which may even result in death, and they are capable of retaining this information) then no they cannot be forced to receive treatment even if it leads to death

Vorsprung · 09-04-2018 10:55pm

Does someone who is acutely suicidal have capacity? They can be involuntarily admitted in certain circumstances, that suggests not always. Patients can be treated/held against their wishes if its felt it’s in their best interests, my recollection is that this is held in common law.

Anita Blow · 10-04-2018 6:18pm

It's really context dependent. But there have been cases in Ireland/UK where patient's have demonstrated capacity and a clear, reasoned wish to die and their medical team have had no choice but to withhold treatment and allow them to die.

The absolute test though regardless of background is the capacity test as said above, and that is laid out in case law and the medical council guidelines. If, at the time you're assessing them, they have demonstrated that they understand what they did, what the implications of their action are, what will happen if they refuse treatment and they are capable of retaining that information then legally/ethically you can't force treatment on them.

Graces7 · 22-04-2018 7:31pm

Anita Blow wrote: »

It's really context dependent. But there have been cases in Ireland/UK where patient's have demonstrated capacity and a clear, reasoned wish to die and their medical team have had no choice but to withhold treatment and allow them to die.

The absolute test though regardless of background is the capacity test as said above, and that is laid out in case law and the medical council guidelines. If, at the time you're assessing them, they have demonstrated that they understand what they did, what the implications of their action are, what will happen if they refuse treatment and they are capable of retaining that information then legally/ethically you can't force treatment on them.

Is any heed paid to likely side effects on thought etc of what they have consumed? In enough quantity to kill then it will be affecting mind as well as body. Ans yes, people do get sectioned for being suicidal.

Anita Blow · 23-04-2018 4:45pm

That would fall under checking if they have capacity. If a drug impairs their capacity then they can be treated. Not all drugs will affect their capacity though.

Somalion · 24-09-2018 10:41pm

Others are right, if they have capacity then they're an adult and can make these decisions.

However, this changes if they pose a serious risk to others such as infection. TB is an example. There have been cases of needing to get the Gardai involved to essentially guarantee someone takes their medications.

Can patients be forced to receive treatment?

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