Surgery approved for deaf and blind man (93)
The High Court yesterday cleared the way for surgeons to perform an urgent and potentially life-saving operation on a deaf and blind 93-year-old man with no known family and unable to provide consent to the procedure.
The man, who was adopted at a young age and with no known next of kin, has been an in-patient in the care of the HSE's mental health service for more than 50 years.
Prior to that, the man, who cannot be named, lived alone. He also suffers dementia and schizophrenia but is said to be in full remission. He is also said to be frail and weak.
The High Court was told he has required an operation to deal with cataracts since November last but that has not yet been performed because of HSE concerns that he does not have the necessary capacity to provide such consent.
The cataract operation would greatly improve the man's quality of life, a solicitor for the HSE said in a sworn statement (affidavit) to court.
Dangerous
Consultants also recommended in January last that a procedure be carried out to remove a growth on his right ear, said to be dangerous and rapidly advancing.
Mr Justice Michael Peart yesterday granted an order to Ms Mairead McKenna, for the HSE, permitting surgeons to go ahead with the ear and cataract surgery next Wednesday. The order dispenses with the normal requirement to prove consent for such procedures.
Ms McKenna said the HSE was concerned the order was necessary to uphold the man's constitutional right to dignity. The man had no known next of kin and had come into the care of the HSE more than 50 years ago because of his schizophrenia.
The court could make the order under its inherent jurisdiction, she said.
- Tim Healy
