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HSE granted High Court permission to force-feed woman in her 40s

By Eimear Byrne

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 granted the Health Service Executive orders on 15 October 2014 allowing doctors to feed a woman in her 40s without her consent. She could be force-fed if doctors considered it necessary and appropriate. The proceedings were reported on 16 October 2014.

On 10 October 2014, the judge had granted a temporary order permitting the HSE to administer fluids after 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. He adjourned the case until later that month on that basis.

On 15 October 2014, the HSE, represented by Shane Costelloe SC, said she was refusing food and sought permission to feed her without consent, including through a nasogastric tube. Feichin McDonagh SC, representing the woman, said she had “sipped some lemonade” and he had no instructions to oppose the application. She had opposed the initial application the previous week; her husband supported it.

The woman was receiving psychiatric treatment. After her nasogastric tube was removed in late September, she had barely eaten or taken fluids. Her conditions included post-traumatic stress disorder, an emotional disorder and eating disorders arising from childhood sexual abuse.

The court had heard that she told treating doctors she did not want to die, but believed death was the only way to remove certain images from her mind.

Three medical professionals, including a treating consultant physician and consultant psychiatrist, believed she lacked capacity to refuse food and fluids where that would result in her death. Another consultant psychiatrist disagreed, believing she was fully aware of what she had chosen to do.

This report covers an earlier stage of the case. Later developments are not reported here.

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