September 2005

Anger as right-to-life ruling is overturned

A disabled man said he is "disappointed" after the Court of Appeal overturned his earlier court victory that gave seriously ill patients the right to stop doctors withdrawing artificial food and drink.

Leslie Burke (right), who has cerebellar ataxia, won a High Court case in July 2004 to alter General Medical Council (GMC) guidance", which gives doctors authority to remove artificial feeding.

The guidance allows removal from patients who can no longer communicate, if it is said to be in the patient's "best interests" or too burdensome over possible benefits.

Last month, Appeal Court judge Lord Phillips upheld the guidance after the GMC argued that the original ruling was not in the best interests of patients and would alter the nature of doctor/patient relationships. He said it would mean doctors would have to provide treatment of no benefit to certain patients.

Mr Burke told DN: "It feels like a football match; I've scored first, then they've scored and now it's half-time. But I don't feel my position has been properly heard, and I don't feel these three judges have understood."

Simone Aspis, parliamentary and campaigns worker for the British Council of Disabled People, said the ruling would have particularly negative con-sequences for disabled people. "This is outrageous discrimination. How can it be in anyone's best interests to be starved to a cruel and uncomfortable death, regardless of how long they have to live?"

A spokeswoman for the GMC said: "Doctors want clear guidance to help ensure individual patients receive the care that's right for them."Withholding and Withdrawing Life-prolonging Treatments: Good Practice in Decision-making, tel: 0845 357 3456, www.gmc-uk.org

• Leslie Burke profile, page 18