Leslie Burke NEW Judgment
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CAN'T COMMUNICATE? GOODBYE!

Protest by SOS - NHS Patients in Danger outside the Law Courts
Protest by SOS - NHS Patients in Danger outside the Law Courts

The Master of the Rolls, Lord Phillips, with Lord Justice Waller and Lord Justice Wall, in the Appeal Court on 28th July overturned the Judgment in favour of Leslie Burke which Mr. Justice Munby gave in 2004. Only "competent" patients who ask for it must receive food and fluid in hospital, if they need it to be given through a tube.

So a stroke victim, perfectly aware of what is going on but unable to communicate, can be left to die of thirst - though if he or she could speak, their Lordships admit this would be "murder."

Patients who have been sedated, also, may be unable to communicate.

All three judges signed up to this insane ruling. Fortunately there may be an appeal to the House of Lords.

The Disability Rights Commission and Patients Concern, which were Interveners in the case, will pursue the matter, as will ALERT, which joined the Medical Ethics Alliance and Doctors who Respect Human Life in intervening.

The sharp distinction which is made between "competent" patients and others is disturbing. In their apparent contempt for anyone with an impairment - even a temporary one - the Judges seem not to realise that one day they might suffer a stroke themselves.

"Dangers" of Debate

In an extraordinary outburst the three judges attacked the Official Solicitor, who had referred in his evidence to "the wider issues raised by the Claimant's application, which it is suggested are of general public importance." His Counsel said that Mr. Burke had performed a public service by enabling them to be debated.

There are "great dangers" in this, said the Judges!

The "danger" of this debate is that the public is beginning to realise the sober truth - that with Government policy-makers, ordinary people's opinions don't count.

European Convention on Human Rights

Article 2 of the European Convention on Human Rights states "Everyone's right to life shall be protected by law," not by the goodwill of the doctor.

ALERT

 

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29th July 2005