Case 1

You are asked to review a 35 year old lady in the ED. She has taken a significant Paracetamol overdose 6 hours previously. A 4 hour blood level was performed and is above the treatment line. (Treatment recommended) The overdose was impulsive and the patient does not feel suicidal or depressed.

The patient has no relevant medical or psychiatric history. She feels well and wants to leave the hospital. She is refusing treatment. She is embarrassed and wants to go home.

Question 1

How would you assess this woman’s capacity to refuse treatment?

Question 2

What is the difference between Capacity and Consent?

Question 3

Is there any role for the Mental Health Act in this case?

Question 4

What is the role of Common Law in this case?