Law Weblog

Burke v GMC (2005) CA

Thursday 28 July 2005 at 5:50 pm | In News | Post Comment

Mr. Burke suffers from a congenital degenerative brain condition and is confined to wheelchair. He took proceedings because he does not wish to die of hunger and thirst, and wished to be assured that before his condition reached its final stage, artificial nutrition and hydration (ANH) would not be withdrawn.

In legal terms, he is “competent”. In these circumstances, the Court is satisfied that if Mr. Burke wishes to continue to receive ANH in the circumstances he envisages, he will do so and that it would be unlawful for it to be withdrawn. Mr. Burke’s position is protected by the law as it stands, and that the guidance given in the GMC’s document Withholding and Withdrawing Life-prolonging Treatment: Good Practice in Decision Making issued in August 2002 is lawful. The fact that the GMC’s appeal has been allowed does not mean that Mr. Burke has lost. Mr. Burke could have sought reassurance from the medical profession and then the proceedings would have been unnecessary. The GMC has a responsibility to ensure patients are entitled to have confidence that they will be treated properly and that they will not be ignored or patronized because of their disability.

Full judgment will appear here