§ Mrs. MaddockTo ask the Secretary of State for Health if he will estimate the annual number of unconsenting medical examinations on female patients; and if he will make a statement. [450]
§ Mr. SackvilleAll patients with the capacity to do so have a common law right to consent or otherwise before undergoing a medical examination or treatment. Exceptions are where examination or treatment is required for a life-saving procedure and the patient is unable to indicate her wishes; where there are statutory powers requiring examination of a patient; or where the patient is detained under the Mental Health Act 1983 and treatment is for mental disorder. If an adult does not have the capacity to consent, medical examination and treatment can still be given if they are in her best interests but must be confined to what is necessary to preserve life, health or well-being. A court can also make orders in respect of the treatment of adults incapable of consenting.
Information about medical examinations falling into these categories is not available.