Judge rules mentally-ill HIV patient can be tricked into taking drugs she does not want
The patient, who is delusional and believes doctors want to drink her blood, can be treated on the "basis of deception".
Friday 23 March 2018 16:49, UK
A judge has ruled that doctors can deceive a mentally-ill woman with HIV into taking treatment drugs.
Mr Justice Mostyn has said the woman will be "exceedingly aggrieved" if she learns she is being treated, but that treatment is "plainly" in her best interests.
He explained his decision in a written ruling after a private hearing in the Court of Protection in London, where judges consider issues relating to people who lack the mental capacity to make their own choices.
The woman, who is delusional and believes medics want to drink her blood, cannot be identified.
Mr Justice Mostyn said doctors treating the woman had asked him to approve a planned treatment regime, which would see medication administered "on a basis of deception".
The judge said the woman had not been suffering from a mental illness when she became infected nearly 20 years ago.
She had sought treatment and willingly been treated for nearly a decade.
But following a "major deterioration" in her mental health she had become "strongly opposed" to treatment.
Specialists had told how the woman was "in the grips of very powerful delusions" which prevented her from addressing many aspects of normal life rationally.
Mr Justice Mostyn said: "She believes that she is a participant in a film about HIV, in which she will be participating with her husband.
"She does not, in fact, have a husband, but she believes that she is married to a celebrity sportsman.
"She believes that the person who is her husband will come back for her and take her away to live in connubial bliss.
"She believes that when blood samples are taken from her by the hospital staff it is done by them for the purposes of drinking her blood."
The judge added: "Above all, she is positive that she is not HIV infected, and were she to learn that she was being secretly and clandestinely administered with anti-retroviral treatment the evidence is that she would be exceedingly aggrieved."
Mr Justice Mostyn said he had placed "considerable weight" on the woman's "past wishes".
He added: "I am wholly satisfied that the treatment proposed and the means of administration are plainly in (her) best interests."