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Personal Injury Compensation

Capacity and best interests

Re PG (Serious Medical Treatment) [2024] EWCOP 49 (T3)

In a case which highlights to importance of understanding the relationship between the Mental Capacity Act 2005 and the Mental Health Act 1983, Mr Justice Cobb considered the plight of a woman who suffered from untreatable psychosis, and who lacked capacity to conduct litigation and consent to medical treatment. The focus was on how best to approach investigating and treating her suspected gynaecological malignancy.

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