UK Appeals Court overturns “right-to-food” verdict
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The body that regulates British doctors won an appeal on Thursday against a ruling that gave a terminally ill patient the right to stop doctors from withdrawing food and drink when he will be close to death.
Leslie Burke, 45, who has a degenerative brain condition, fears artificial nutrition could be stopped against his wishes when he cannot talk anymore.
The Court of Appeal overturned an earlier High Court ruling, which said that any decision over withdrawal of nutrition and hydration from those who are terminally ill should be left in the hands of the patients.
“We have come to the clear view that this appeal must be allowed and the declarations made by the judge set aside,” said Lord Phillips, Master of the Rolls, and one of Britain’s most senior judges.
“It is our view that Mr. Burke’s fears are addressed by the law as it currently stands.”
Burke has cerebellar ataxia, a general term for nervous system disorders that cause lack of coordination, but do not affect mental faculties.
The court held that current General Medical Council guidelines, which Burke was challenging, already provided the protection he sought.
It argued there was nothing to suggest Burke would not be allowed to die naturally rather than have his death speeded up by being deprived of food and water when his condition worsened.
However, it warned that a doctor’s failure to give artificial food and water to a competent patient who wanted to live could constitute murder if that patient later died.
“Obviously I am slightly disappointed I have not got what I wished for—the GMC guidelines have to be changed to show they are not biased in the area of people being refused treatment,” Burke said after the verdict.
Burke’s lawyer, Paul Conrathe, argued that Thursday’s decision vindicated his client.
“Today’s judgment is a technical victory for the GMC, but is a significant practical victory for Mr. Burke and others in his situation,” said Conrathe.
“The Court of Appeal has confirmed today that patients like Mr Burke who want food and water have to be given it.”
The GMC said it hoped Burke would now be reassured he would get the treatment he needed.
“We have always said that causing patients to die from starvation and dehydration is absolutely unacceptable practice and unlawful,” said Professor Graeme Catto, the GMC president.
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