A man who is terminally ill and fears that doctors may allow him to die of thirst said he was "disappointed" yesterday after the Court of Appeal overturned an earlier judgment in his favour.
Last July, the High Court granted a challenge by Leslie Burke, 45, and declared that key sections of General Medical Council guidance on withdrawal of life-prolonging treatment were unlawful. Mr Burke suffers from cerebellar ataxia, a progressively degenerative brain condition that follows a similar course to multiple sclerosis. Mr Burke will need artificial nutrition and hydration - known as ANH - when he loses the ability to swallow.
The court ruled "There are no grounds for thinking that those caring for such a patient would be entitled to or would take a decision to withdraw ANH in such circumstances. A patient cannot demand that a doctor administer a treatment which the doctor considers is adverse to the patient's clinical needs. That said, we consider the scenario that we have just described is extremely unlikely to arise."
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