Courts

Court extends orders preventing man who suffered severe head injuries from leaving hospital

Lawyers hopeful that patient, described to judge as a ‘free spirit’, could be discharged later this month

Mr Justice Mark Sanfey was told by the hospital’s lawyers that the man’s condition has improved. Photograph: Bryan O’Brien
Mr Justice Mark Sanfey was told by the hospital’s lawyers that the man’s condition has improved. Photograph: Bryan O’Brien
Aodhan O'Faolain
Thu Aug 17 2023 - 15:04

The High Court has extended orders preventing a man who suffered severe head injuries in an alleged serious assault from leaving the hospital where he is currently a patient.

Medical professionals treating the man, who cannot be identified for legal reasons, secured the orders earlier this week on the grounds that the man was seeking to leave the hospital where he is undergoing treatment.

The hospital’s lawyers argued that the man currently lacks the capacity to discharge himself, and expressed fears for his welfare and safety if he were to leave the facility. When the matter returned before the court on Thursday, Mr Justice Mark Sanfey was told by the hospital’s lawyers that the man’s condition has improved.

If he continues to improve, it is hoped the man could be discharged sometime later this month. Steps have been taken to ensure that he will be able to safely return to his home once he is deemed ready to leave hospital, the judge was also told.

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In the meantime, the man’s doctors said he should undergo further treatment at the hospital.

A solicitor appointed by the court to act as the man’s ‘guardian ad litem’ told the judge that the man, described as “a free spirit”, does want to leave the hospital. The solicitor said it was accepted that the man should continue to be treated at the hospital. The man’s family support the hospital’s actions, the court was also told.

After considering the medical evidence submitted by the hospital, and the guardian’s submissions, the judge said he was satisfied to extend the order detaining the man for a further short period. The judge said he was encouraged to hear the man’s condition is improving and expressed the hope that the man would be able to leave the hospital in a matter of days.