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Patient not competent, doctors can treat eye cancer: judge
CBC News
February 14, 2007
Related - Special court sentences the mentally ill to medical help
A Supreme Court of Newfoundland judge has authorized the use of restraints to force a mentally ill woman to get treatment for a cancer that doctors insist threatens her life.
In a written ruling released Tuesday, Justice Leo Barry determined that the woman — who was diagnosed with a delusional disorder in the 1990s — is not competent to make decisions regarding her health.
"She believes she can correct her visual problem by eating blueberries and carrots and by exercising. She also believes the doctors do not know what they are talking about concerning her diagnosis," Barry said in his decision.
"I accept the psychiatric opinions that [she] lacks the capacity to make a valid medical decision regarding her melanoma and meets the test of incompetency."
The woman, whose identity is protected by a publication ban, has refused to believe two eye specialists who have diagnosed ocular melanoma in her right eye. She was told that the cancer, left untreated, could kill her.
Physicians with the Eastern Health regional authority sought the court's permission to require the woman to get treatment.
Barry ordered her to be sent to Princess Margaret Hospital in Toronto for further investigation and treatment. He also authorized the use of sedation, restraint and an escort to ensure she gets there.
The judge delivered his ruling orally earlier this month, when he heard the case.
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