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Published 28 October 2009, doi:10.1136/bmj.b4400
Cite this as: BMJ 2009;339:b4400
| The first 150 words of the full text of this article appear below. |
McLean is correct to suggest that "even the presence of mental illness" is not a bar to the presumption of mental capacity.1 But she fails to mention that depression and emotionally unstable personality disorder are mental disorders, which often impair a persons cognition and emotional health. Moreover, McLean fails to emphasise that the mental capacity needed to make a decision to refuse life saving medical treatment is much higher than that needed to refuse other forms of medical treatment.2 It is difficult to see how a doctor (and subsequently a coroners court) could come to the view that Kerrie Wooltorton was able to "weigh" and "use" information given to her about treatment and the consequences of refusing to accept treatment, if she was mentally disordered as described.3
If mental disorder had been diagnosed, she could have been assessed for detention under section 2 of the Mental Health Act 1983. It
Fareed A Bashir, consultant forensic psychiatrist, Mike Crawford, consultant forensic psychiatrist
1 Edenfield Centre, Prestwich Hospital, Manchester M25 3BL
fareed.bashir@gmw.nhs.uk