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Judgment · jid 5194 · pdb #2288

MB and CB v RB - Ex Tempore Ruling

G 0202/2012 · 2012-04-23

Trespass; Person; Battery; Surgical operation on mentally handicapped adult; Adult unable to consent to open heart surgery; Whether Operation without consent justified; Operation considered to be in adult's best interests; Whether jurisdiction in court to approve operation being performed; Jurisdiction of court to grant declaration as to validity of proposed medical operation; Procedure to apply when applying for a declaration; Whether Section 13 and Section 14 of the Mental Health Law confer jurisdiction on the Court to decide questions relating to medical treatment. Consent to medical treatment; Jurisdiction to authorize medical treatment for mentally incapacitated adult; Common law principles on consent; Inherent jurisdiction for declarations; Mental Health Law interpretation

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12-04-23_mb__cb_v_rb.pdf
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