News Release, 12 June 2002
The Mental Health Foundation has reacted firmly to news that the Scottish executive will introduce legislation early next month to allow doctors to carry out neurosurgery on patients without their consent.
"To carry out irreversible surgery which can have damaging side-effects, including personality changes, without receiving an individual's consent is an affront to their human rights. It should not be tolerated," said Maddy Halliday, director Scotland and UK development, Mental Health Foundation.
"We recognise that someone with extreme and severe depression does not necessarily have the capacity to agree to major surgery, but this is no reason to go ahead without their consent. What we need is a system which recognises the importance of advance statements - information prepared by people with mental health problems, when they do have capacity, which clearly states what treatment or support they find useful, and what they find unacceptable. We need to ensure that there is a way of hearing the views of the individual on the treatment and support that is proposed."
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