Ireland Case No. 21613Medical consent (amputation)
High Court rules against amputating man's leg in west of Ireland
A man in his 70s with severe peripheral vascular disease and dementia has been in a hospital in the west of Ireland since the middle of 2022. He has consistently refused consent to the amputation of his right leg, while his family supported the procedure. The High Court ruled on 3 April 2023 that doctors do not have to amputate the leg against his wishes, granting the HSE's application for a declaration that all necessary care short of amputation is lawful. The matter is to return to court on 5 May 2023.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court3 Apr
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- A man in his 70s with severe peripheral vascular disease from poorly controlled type 2 diabetes and dementia has been in a hospital in the west of Ireland since the middle of 2022.
- The man has consistently refused consent to the amputation of his right leg, saying 'you may as well throw me in the sea' and calling it 'an effing crazy idea'.
- Doctors carried out surgery to put a graft on his leg and managed to save the limb.
- If his leg were removed, he would not be able to walk again due to physical frailty and cognitive impairment.
- Other details
- The man's family were in favour of having the amputation done.
- The President of the High Court, Mr Justice David Barniville, described the case as posing an 'appalling dilemma' for the medical staff.
- The guardian ad litem appointed by the court was James Bardon.
- In court
- The HSE applied for a declaration that providing all necessary care short of amputation was lawful.
- The High Court ruled on 3 April 2023 that doctors do not have to amputate the man's leg against his wishes.
- The matter is to return to court on 5 May 2023.
14 statements extracted from the articles
- whatThe man is in his 70s, lives in a remote location, and has been in hospital since the middle of the previous year (rte.ie)
- whatThe man suffers from severe peripheral vascular disease as a consequence of poorly controlled type two diabetes (rte.ie)
- whatDoctors carried out surgery to put a graft on his leg and managed to save the limb (rte.ie)
- whatThe man had consistently and persistently refused to consent to the amputation (rte.ie)
- whatThe man said 'you may as well throw me in the sea' and described amputation as 'an effing crazy idea' because 'you need two legs to walk' (rte.ie)
- whatIf his leg was removed he would not be able to walk again due to physical frailty and cognitive impairment (rte.ie)
- whatThe man went up and down the hospital corridor 20 to 30 times a day on a zimmer frame (rte.ie)
- whatThe man was not in pain at the time of the hearing (rte.ie)
- courtThe High Court ruled that doctors do not have to amputate the man's leg against his wishes (rte.ie)
- courtThe HSE asked the court to make a declaration that providing all necessary care short of amputation was lawful (rte.ie)
- courtThe matter will be back in court on 5 May (rte.ie)
- otherThe President of the High Court described the case as posing an appalling dilemma for the medical staff (rte.ie)
- otherThe man's family were in favour of having the amputation done (rte.ie)
- otherThe guardian ad litem appointed by the court was James Bardon (rte.ie)
The reporting
newest first- 3 Apr2023Court rules man's leg does not have to be amputated
High Court grants the HSE's application for a declaration allowing doctors to take all measures short of amputating the man's right leg, respecting his clearly expressed wishes. Matter to return to court on 5 May 2023.
victim, 70s, male