Consent given as a free expression of will
Any decision to consent to treatment given by the patient must be independently made without the coercion of others. This includes not being under the influence of a noxious substance at the time of refusal. Several key court actions illustrate cases where healthcare professionals' requests to a court to proceed with treatment against the patient's wishes were upheld by the courts because it was deemed that the patient was under the influence of an external person or factor which impeded their ability to make a rational decision in relation to their refusal of treatment e.g. Re T [1992] (Adult: Refusal of Treatment) 4 All ER 649 and Re S [1992] (Adult: Refusal of Medical Treatment) 4 All ER 671.
