HSE may operate on man (93) unable to give consent

The HSE has secured a High Court order allowing surgeons to perform an urgent and potentially life-saving operation on a 93-year-old man with dementia who is deaf and blind, with no known family, and unable to provide consent to the procedure.

The man, who was adopted at a young age and with no known next of kin, has been an inpatient in the care of the HSE's mental health service for more than 50 years. Prior to that, he lived alone. He suffers from schizophrenia, said to be in full remission, and dementia and is said to be frail and weak.

An operation to deal with cataracts has been delayed since November because of HSE concerns about his inability to provide consent.

The operation would greatly improve the man's quality of life, a solicitor for the HSE said in an affidavit. Consultants also recommended the removal of a growth on his right ear, said to be dangerous and rapidly advancing.

Mr Justice Michael Peart yesterday granted an order to Mairead McKenna, for the HSE, permitting surgeons to go ahead with the ear and cataract surgery next Wednesday. The order dispenses with the normal requirement to prove consent for such procedures.

Ms McKenna said the HSE was concerned the order was necessary to uphold the man's constitutional right to dignity. The court could make the order under its inherent jurisdiction, she said.

Remarking that the order may also be necessary to protect the man's right to life, the judge said he would make it and added that counsel had liberty to apply at any time if a further order was required.

© 2008 The Irish Times

This article appears in the print edition of the Irish Times