Family’s Death Plea Rejected
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September 28, 2011 TheFreshOutlook  |
The family of a brain damaged woman have had their plea to allow her death by withdrawing medical treatment rejected.
A High Court Judge has ruled on Wednesday that a woman who was brain damaged over eight years ago should not be allowed to die.
The case, which is the first of its kind to enter a British court room, saw the family of a brain damaged woman in a minimally-conscious state (MCS) appeal for her artificial nutrition and hydration to be withdrawn to allow her to die.
The mother and sister of the 52-year old woman, referred to as ‘M’ to protect her identity, appealed to Mr Justice Baker during a hearing at the Court of Protection in July to allow the end of her “pointless existence” after she became brain damaged in 2003.
M’s brain damage was caused when she contracted viral encephalitis, an irritation and swelling of the brain, she was previously considered to be in a persistent vegetative state (PVS), after being in a coma for several weeks; however, further tests revealed that she is actually in a MCS.
Mr Justice Baker ruled against the family’s appeal earlier today, after he heard evidence from doctors that M was considered to be in a MCS and had a life expectancy of at least another 10 years.
He declared in his judgement: “The factor which does carry substantial weight, in my judgment, is the preservation of life. Although not an absolute rule, the law regards the preservation of life as a fundamental principle.”
After the ruling, the legal representative of M’s family, Mr Yogi Amin, said in a statement: “All parties agree that M’s family have demonstrated their love and devotion for her throughout this case, and that they brought this application to court in what they perceive to be her best interests … There can be no question that the past eight years have been extremely heart-breaking for them all.”
He added: “They love her dearly and want only what is best for her, and it has been desperately difficult for them to make this application to court for treatment to be withdrawn … They believe that M was clear that she would not have wanted to live in the condition that she is in.”
After Mr Justice Baker’s ruling, the chief executive of Compassion in Dying, Sarah Wootton, commented on the case: “This incredibly sad and unusual case relates to a patient who is no longer competent to make decisions about her own care.”
She also advised: “People who are concerned about finding themselves in a similar situation can set out their wishes in advance, in case of a loss of capacity by making an Advance Decision, or they can appoint a Lasting Power of Attorney to make decisions on their behalf.”
By Laura Beard
[Image courtesy of roujo]
