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Emergency treatment without consent — DIPIMC MCQ

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ModerateScene Safety and MedicolegalEmergency treatment without consentDIPIMCDipIMC

You attend an unconscious adult who has collapsed in the street with no identification and no one present who knows him. He needs urgent treatment but cannot consent. On what basis may you lawfully treat him?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: D — Treat under necessity, in his best interests

An adult who lacks capacity in an emergency may be treated under the doctrine of necessity and the best-interests framework of the Mental Capacity Act, limited to the treatment reasonably required to address the immediate threat to life or health while incapacity persists. Consent cannot be given by a relative or a police officer for an adult, and care should not be withheld pending consent or a court order in a life-threatening situation. Treatment should be the least restrictive option consistent with his best interests. Pearl: if a valid advance decision refusing the specific treatment is found, it must be respected.

Reference: Mental Capacity Act 2005