Originally published in September 2004.
Challenge to the GMC’s guidance The High Court has recently declared in the case of R (On the Application of Burke) v The General Medical Council that key sections of the General Medical Council's guidance on withdrawal of life prolonging treatment are unlawful. The case has given added legal force to the fundamental right that it is the individual who primarily determines how he should die.
The facts
The claimant, Leslie Burke, suffers from cerebellar ataxia, a progressively degenerative disorder that follows a similar course to multiple sclerosis and will necessitate artificial nutrition and hydration (ANH) as his condition worsens. Eventually, he will lose the ability to swallow. Thereafter, he will only survive if he is fed through a tube....
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