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Personal Injury Compensation

Anticipatory declaration where it was feared that consent might be withdrawn

Kettering General Hospital NHS Foundation Trust v C and Another [2023] EWFC 12; [2023] Med LR 209

The team treating a woman with HIV sought a declaration from the High Court the day before her planned caesarean section, because she had not been complying routinely with her anti-retroviral treatment during pregnancy and there would be a risk to her baby if she refused her consent after the birth. The application was intended to secure the administration of anti-retroviral medication to the baby, commencing immediately upon birth and set to continue for a period of 28 days.

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