Court: High Court
Remedy sought : Interlocutory injunction
This case concerned a 15-year old girl who had been detained under s.25 of the Mental Health Act 2001 in a hospital in Galway. She was being administered medication without her consent and an issue arose as to whether a blood sample could also be taken. The blood sample was needed to test for possible side-effects of the medication.
The Health Service Executive sought a court order authorising the taking of the blood sample. The girl's parents supported the taking of the sample.
Birmingham J. granted the order sought. He relied on Health Service Executive v M.X.  IEHC 326, in which it was held that blood samples could be taken from an adult patient, and extended this to a child.
Health Service Executive v J.M.  I.E.H.C. 12
High Court, Birmingham J. January 16, 2013