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. [2011] IEHC 326, in which it was held that blood samples could be taken from an adult patient, and extended this to a child.

Case Name:

Health Service Executive v J.M. [2013] I.E.H.C. 12
High Court, Birmingham J. January 16, 2013

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