Terminally ill man fights for the right to live

By Gayle Rouncivell

A TERMINALLY ill man's fight for the right to live was-brought back before, the courts this week as the General Medical . Council fought to change a landmark ruling.

Leslie Burke, 45, of Mardale Road, on the Newton estate, has the degenerative brain condition cerebellar ataxia, and had feared that, when he can no longer decide on his own treatment for himself doctors may withdraw life-sustaining treatment.

That would effectively mean him dying of thirst.

Last July Mr Burke won the right to stop doctors withdrawing artificial nutrition or hydration (ANH) treatment until he dies naturally.

But backing the GMC bid to reverse the ruling at the Court of Appeal this week health chiefs argued that if a right to ANH was established, patients would be able to demand other life-prolonging treatments.

Mr Philip Sales, representing Health Secretary Patricia Hewitt, told a panel of three appeal judges headed by the Master of the Rolls, Lord Phillips: `A general right for an individual patient to require life-prolonging medical treatment has very serious implications for the functioning of the NHS. It may be interpreted as giving patients the right to demand certain treatments, contrary to the considered judgment of their medical team."

Richard Gordon QC, for Mr Burke, argued that the case for the GMC was based upon a misunderstanding of the role of doctors in relation to the legally competent patient.

Mr Burke was a legally competent person and wanted to receive food and water administered by artificial means when he had difficulty in eating or drinking.

He wants to be the arbiter of how much he is prepared to suffer," Mr Gordon said

The hearing was due to end yesterday, Thursday, and judges were expected to reserve their decision As the Guardian went to press, Mr Burke said: "I am feeling optimistic Having heard the GMC's side, my solicitor thinks we still have a good case."