High Court authorises feeding of psychiatric patient without consent

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

High Court president Mr Justice Nicholas Kearns authorised doctors on 15 October 2014 to feed an unnamed psychiatric patient without her consent if they considered it necessary and appropriate. The proceedings were reported on 16 October 2014.

The woman, in her 40s, has post-traumatic stress disorder, an emotional disorder and eating disorders arising from childhood sexual abuse. She had barely eaten or taken fluids since a nasogastric tube was removed in late September.

On 10 October 2014, the judge granted a temporary order allowing the Health Service Executive to administer fluids after being told doctors feared she faced imminent death unless her fluid intake increased.

On 14 October 2014, the judge was told she had agreed to take fluids and nourishment for two weeks, and he adjourned the case until later that month.

On 15 October 2014, the HSE, represented by Shane Costelloe SC, said she was refusing food and sought orders allowing feeding by methods including a nasogastric tube. Feichin McDonagh SC, for the woman, said she had “sipped some lemonade” and he had no instructions to oppose the application.

The judge granted the orders and said medical practitioners could take whatever steps they considered required to help her. She had opposed the initial application, which her husband supported.

The court had previously heard that three medical professionals believed she lacked capacity to refuse food and fluids. Another consultant psychiatrist disagreed, saying she was fully aware of her choice. The report said the case raised legal issues not previously dealt with by the Irish courts.