Court allows urgent breast cancer surgery

The High Court has given the go-ahead for urgent breast cancer surgery to be carried out on an intellectually disabled woman …

The High Court has given the go-ahead for urgent breast cancer surgery to be carried out on an intellectually disabled woman in the care of the HSE.

Due to her disability, the woman (68), who cannot be identified by court order, lacks capacity to consent to the procedure at the hospital where she is a patient, Felix McEnroy SC, for the HSE, said.

He made the application for a court order permitting the surgery be carried out within seven days. He said two consultants had advised the surgery was urgent because of the risk of the cancer spreading. Another doctor had recommended the woman undergo a scan to see if the cancer is in her bones. The HSE’s doctors were of the opinion surgery should be carried out, he added.

Shane Murphy SC, appointed by the court to represent the woman’s interests, said she had undergone a CT scan.

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Mr Justice Iarfhlaith O’Neill said he favoured allowing the bone scan take place first as it might then not be necessary for the woman to be put through unnecessary procedures.