Court orders that blood tests may be taken from girl

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