A LANCASTER man suffering from a degenerative brain disease has won a landmark 'right to life' campaign.
Doctors must unequivocally fulfil a patient's wishes to life-prolonging treatment and, if no living will exists, they must presume that treatment should be given unless the patient would deem their life to be 'intolerable', the High Court ruled last week.
The ruling came following a campaign by Leslie Burke, from the Newton estate in Lancaster. Mr Burke, 44, was diagnosed with the degenerative brain condition cerebeller ataxia 12 years ago.
He feared that as his condition worsens doctors could decide his quality of life is so poor that they withdraw artificial nutrition.
He asked that a court or tribunal should make the decision whether to withdraw artificial nutrition and hydration (ADH).
On Friday the High Court ruled that if a patient has made a living will or expressed that they would want life-prolonging treatment, doctors must fulfil that wish.
Protection
Bert Massie, chairman of the Disability Rights Commission, said the ruling would provide "genuine protection" for disabled people.
"Until now doctors had the power to refuse or withdraw life-prolonging treatment and to disregard a disabled person's wishes based, in some cases, on a set of assumptions that disability equals a very poor quality of life," he said.
"This judgement provides genuine protection for disabled people with serious long-term conditions. They want health professionals to do as much as possible to preserve life - as they would do for non-disabled people."
The General Medical Council said: "As the case raises important points of principle, and there are some areas where we consider further clarification may be needed, we have sought leave to appeal."