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Judge misled over call for caesarean operation

BMJ 1998; 316 doi: http://dx.doi.org/10.1136/bmj.316.7131.571h (Published 21 February 1998) Cite this as: BMJ 1998;316:571
  1. Clare Dyer, legal correspondent

    Lawyers acting for an NHS trust seeking authorisation to perform a forced caesarean operation misled the High Court judge, three appeal court judges were told last week.

    A 30 year old single mother, named as Ms S, claims that two trusts, Pathfinder Mental Health Services NHS Trust and St George's NHS Trust, acted unlawfully in sectioning and detaining her under the Mental Health Act and carrying out the operation. Judgment was reserved to a later date.

    Richard Gordon QC, for the woman, said that her detention was defective because she had not been properly diagnosed as suffering from mental disorder, as …

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