High Court judge gives permission for forced caesarean section on mentally ill woman

Doctors say the mother had stopped taking her diabetic medicine and had attempted suicide

Thair Shaikh
Saturday 01 February 2014 05:34 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A mentally ill woman gave birth to a baby boy on Saturday by a forced caesarean section after a High Court judge gave doctors permission to perform the urgent operation.

Mr Justice Hayden gave specialists working for the Royal Free London NHS Trust the go-ahead on Friday after concluding that the woman, who was 32 weeks pregnant and is diabetic, was unable to make a rational decision over how to give birth.

The judge said a decision "compelling" a caesarean section was "draconian", but concluded that the woman lacked the mental capacity to regulate her diabetic medicine and monitor her own intake of food and water.

At a hearing in the Court of Protection in London, which specialises in issues relating to the sick and vulnerable, trust officials said the woman, 32, was in an "unstable mental state" and that she could not be treated properly.

The court heard that the woman was thought to be suffering from paranoid schizophrenia and had attempted suicide. She has not been named.

Mr Justice Hayden said: "The decision to compel a caesarean section on an incapacitous woman who is mentally and physically ill is an extremely draconian one.

"Doctors do not embark upon this lightly. It occurs extremely rarely. It is one that the lawyers also take very seriously indeed."

The woman's husband also has mental health difficulties and had initially opposed a caesarean section but had changed his mind and agreed to the surgery.

Lawyers representing the trust said the baby had been delivered without any problem in the early hours of Saturday and that no restraint had been necessary.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in