A 30-year-old man is admitted to ICU after a drug overdose. He is intubated and ventilated. On day 2, he regains consciousness and demands to self-dis...

Question

A 30-year-old man is admitted to ICU after a drug overdose. He is intubated and ventilated. On day 2, he regains consciousness and demands to self-discharge against medical advice. He has a GCS of 15, is oriented in time, place, and person, and can clearly articulate his reasons for wanting to leave. He understands the risks including death. The ICU team believes leaving would be fatal. Can he legally refuse treatment and leave?

Accepted Answer

Yes - a capacitous adult has the absolute right to refuse treatment, even if refusal will result in death, provided they are not detained under the Mental Health Act

Answer

No - patients on ICU cannot refuse treatment under any circumstances

Answer

No - the team should obtain a Section 2 Mental Health Act assessment to detain him

Answer

Only if he signs a disclaimer absolving the hospital of liability

Answer

Only if a psychiatrist confirms he has capacity

uk-fficm MCQ (SBA): Capacity and Refusal of Treatment