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UK ruling on terminally ill patients goes to court

Public HealthMay 16, 05

Britain’s General Medical Council (GMC) went to court on Monday to clarify how much treatment should be given to terminally ill patients.

Last year 45-year-old Leslie Burke, who has a degenerative brain condition, won a court ruling to stop doctors letting him starve to death should he become too ill to feed himself or communicate.

Lawyers for the GMC told the Appeal Court on Monday that there was no reason to suppose that Burke would not be allowed to die naturally.

“There is nothing to suggest that Mr Burke will not be provided with the artificial nutrition and hydration he wishes to be provided with when he requires it, which hopefully will be many years hence,” GMC counsel Philip Havers told the court.

Last year’s ruling criticised the GMC’s guidelines on dealing with terminally ill patients, which in certain circumstances give doctors the final decision on treatment.

The ruling said doctors should obtain court permission before withdrawing life-support and said many sections of the guidelines were unlawful.

The GMC, a public body established in 1858 to protect patients’ interests, said it was appealing the ruling because the judgement left some key issues unclear.

“Doctors want clear guidance to help ensure individual patients receive the care that’s right for them. That’s why we are appealing the judgement,” the GMC said in a statement.

Burke said on Monday he was not asking for his life to be extended by radical treatment.

“I just do not want to effectively die of starvation and thirst which may take up to two weeks. I want as far as possible to be able to approach the end of my life with dignity,” he told Sky News.

The hearing is scheduled to last for three days, with the Appeal Court expected to reserve judgment until a later date. 



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