Court grants order preventing man who suffered head injuries in assault from leaving hospital

Man has suffered injuries to his brain, and his memory has been impaired, and those treating him are strongly opposed to him leaving hospital, court told

Man does not believe, or is aware that he has sustained brain injuries, and wants to discharge himself from the hospital, court told.

The High Court has granted orders preventing a man who suffered severe head injuries following an alleged assault from leaving the hospital where he is currently a patient.

The man cannot be identified by order of the court.

During Tuesday's vacation sitting of the court, Ms Justice Eileen Roberts was told by the hospital's lawyers that the man has suffered injuries to his brain, and his memory has been impaired.

However, the man does not believe, or is aware that he has sustained such injuries, and wants to discharge himself from the hospital.

The court heard the man had expressed a desire to go home and to go "fishing".

Those treating the man are strongly opposed to him leaving the facility at this point in time.

They claim at present he has nowhere suitable to go where he would be in a position to get the support and help he needs.

Vulnerable

The man would be in an extremely vulnerable position if he was to leave the hospital, they claim.

The man's condition was described to the court as being quite changeable.

Sometimes he is deemed by those treating him to be doing quite well, but on other occasions he experiences various difficulties associated with his injuries, particularly with his memory and his awareness of what has happened to him.

The court heard the man was undergoing various treatments including occupational therapy, physiotherapy, and psychotherapy at the hospital.

The man's family are aware of the situation and are attempting to make arrangements so he is properly cared for when he eventually leaves the hospital, the court heard.

After considering the hospital's submissions, the judge said she was prepared to make an order, for a short time only, allowing the man to continue to be detained at the medical facility.

While the judge was prepared to grant an order detaining the man in the hospital, the judge said the case should be back before the court as soon as possible.

The judge said that she had reservations about granting what she said was such a "serious" order on an ex-parte basis.

Concerns over medical evidence

The judge voiced her concerns over the level of medical evidence before the court concerning the man's treatment.

The judge asked to see clear evidence regarding the medical treatment the hospital says that man requires.

Such evidence needs to be produced in order to justify the granting or extending of court orders allowing the hospital to further detain the man.

The judge also appointed a lawyer to act as the man's legal representative or "guardian ad litem" in the proceedings.

It was important the man's voice, as well as the views of the man's family, be heard in this matter, the judge added.

The case returns before the court later this week.