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Press Release

24th February 2004 - For immediate release

"No criticism of individual doctors, it's the system they work under"

In a landmark case to be held at the High Court on Thursday and Friday (26th/27th February 2004) Mr Leslie Burke of Lancaster is challenging the General Medical Council's guidelines on withholding and withdrawing fluid and nutrition from patients.

Mr Burke has Cerebellar Ataxia. As his condition progresses, although not dying, he may need food and fluid through artificial means. He fears that, under the present guidelines, doctors may be able to withdraw this even though he wishes to continue to receive this.

The case centres on whether the GMC guidelines are incompatible with Article 2 of the European Convention on Human Rights (which guarantees everyone's right to life).

Many disabled people agree with Mr Burke that doctors can be "non-disabled experts who know what's best for us".

They also feel that people like him can be treated like pieces of meat whose consent is not valued or even sought, and that some patients' autonomy is stolen by sedation in order to deprive them of life-sustaining treatment.

This case is the first challenge to the guidelines and the outcome will be highly significant for many severely disabled and other vulnerable people, particularly the elderly.

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