ABSTRACT
This chapter provides a case of a 70-year-old postoperative male who had a hip replacement. The man is extremely agitated and keeps wanting to pull out his intravenous line and get out of bed. He is quite fragile and there is real concern that he may get physically hurt if he is not restrained. During mental state examination, the man is uncooperative and does not answer questions. He just repeats his demands to be allowed to leave. His speech is loud and repetitive. There is no evidence of psychosis. Clinicians suggests that keeping this patient in hospital against his will to treat delirium will prevent him from suffering serious harm. Although delirium can be construed as a mental disorder, and treatment of the underlying physical cause of the delirium can be considered treatment for the mental disorder of delirium, the Mental Capacity Act provides a much clearer framework for the delivery of care against a patient's wishes under these circumstances.
