right-to-food fight
Posted on 08/08/2006 9:44:20 AM PDT by kiriath_jearim
A seriously ill man has lost the last stage of his legal fight to insist on his right to food in the final stages of his life.
Leslie Burke, from Lancaster, had his appeal to the European Court of Human Rights in Strasbourg rejected.
Mr Burke, who has a degenerative brain condition, appealed against a UK ruling allowing doctors to decide treatment.
The General Medical Council had said doctors had to be able to act in the patient's best interests.
Mr Burke, 46, has cerebellar ataxia - an umbrella term for nervous system disorders that cause a lack of co-ordination, but do not affect mental faculties.
He fears that artificial nutrition - which is classed as a form of treatment by the GMC - could be stopped against his wishes when he cannot talk.
He said he was "extremely disappointed" by the European ruling.
"I only hope that if I am lucky enough to be in hospital, that the doctors treating me will not believe at some stage that it will be in my best interests for ANH [artificial nutrition and hydration] to be withdrawn, even when death is imminent, effectively letting me die of starvation and thirst when I am no longer able to communicate my wishes."
Mr Burke was at the funeral of his brother who had the same genetic condition, when he learnt the final stage of his legal battle had failed.
He says he will make a living will to set out his wishes.
'No threat'
Last year, Mr Burke won a landmark ruling in the UK courts, supporting his right to artificial nutrition and hydration.
He had argued that the GMC's advice, which gives doctors in cases such as his the ultimate say on a patient's in their final stages, was an infringement of his human rights.
But the GMC successfully appealed, saying doctors could be put in an impossible position by the ruling.
It said then that it hoped Mr Burke would be reassured he would receive the treatment he needed, including artificial nutrition and hydration, and that nothing in its guidance prevented this.
However, Mr Burke decided to take his fight to the European Court of Human Rights
'Prolonging life'
But in a written judgement released last week, the court said it did not accept there was a "real and imminent" threat that artificial nutrition and hydration would be withdrawn when he was in the final stages of his illness.
It also said it was satisfied UK law was in favour of prolonging life wherever possible.
The court added that, where a patient was not able to communicate their wishes, artificial nutrition should continue as long as it prolonged life - but that there were circumstances where it could hasten death.
So it said it was impossible to set rules as to what was in a patient's best interests.
Mr Burke's solicitor, Muiris Lyons, of Irwin Mitchell solicitors, said: "Leslie wanted to have his position clarified now, before he loses his competency to determine his own best interests.
"The court has effectively determined his application is premature.
"However once he loses the capacity to make his own decisions he will also lose the ability to make such an application in his own right. It is a 'catch 22' situation."
A spokeswoman for the British Medical Association, which supported the GMC's case, said: "A decision about when to curtail active interventions for people who are dying or seriously ill is one of the hardest choices that patients, families and doctors make.
"Decisions must be made on an individual basis taking account of all relevant factors including the known wishes of the patient.
"It is absolutely essential for all involved that the law and professional guidance is clear."
One of the few times the "Nazi" moniker is deserved.
Coming soon to a Clinton Administration near you.
right-to-food fight
I swear the world is being taken over by ghouls.
Mengele would be proud.
If Mr. Burke stays in the UK for longer than it takes to pack and buy a flight out, he deserves what he sees coming.
Note to all, you must be a convicted, incarcerated felon first in order to get guaranteed food throughout your lifespan whether you want it or not.
They've been pushing this agenda for a hundred years.
The backlash from WWII set them back.
If we didn't have pictures, films, and testimony from survivors, who knows....
The left still thinks the USSR wasn't so bad.
BUMP to that.
Where do you suggest he go? If it's here the US taxpayers are going to end up footing the bill.
There are almost 200 countries in the world, depending on how you count.
I'd maybe pick any country that doesn't want to kill me.
But the GMC successfully appealed, saying doctors could be put in an impossible position by the ruling.
***************
I'm sure there's no reason to believe that doctors can't make the best decisions for us all.
Depends on his financial resources doesn't it. If he has the resources to move and pay for health care in another country, then he probably has the resources to hire private physicians even in the UK. However if he has to go where there is "free health care" like Cuba, then I don't see that he has any right to hang on at the expense of everyone else.
Sentenced to death by the State, for the crime of living inconveniently.
Michael Schiavo and his ilk must be very pleased.
He would also have to pick a country where taxpayers would be forced to foot the bill for his medical care, and where medical staff would be forced to provide treatment against their wills.
It doesn't cost that much for a feeding tube if done at home or not in a hospital setting.
As long as he, his family, or private charity pays for it it's OK with me - they can keep him alive as long as medically possible. It's just when the rest of are forced to pay that I have a problem. Health care isn't a right any more than owning a television or having a vacation is a right (oops the UN says having a vacation IS a right). Yet another reason to eject the UN from the US.
As long as he, his family, or private charity pays for it it's OK with me - they can keep him alive as long as medically possible. It's just when the rest of are forced to pay that I have a problem. Health care isn't a right any more than owning a television or having a vacation is a right (oops the UN says having a vacation IS a right). Yet another reason to eject the UN from the US.
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