Thursday, July 28, 2005

Judicial Legislation backlash continues

Remember Terri Schiavo ?

Remember the Liberals saying that the activist judge's decision to pull her feeding tube and remove her right to live over questionalbe testimony was not going to affect anyones rights ?

Remember the big stink was that she didn't have a "living will", and that would be your protection ?

Remember that soon after Ora Mae Magouirk, despite HAVING a living will almost suffered the same fate ?

Now we learn that we are losing our right to live.



The General Medical Council has won its appeal against a ruling allowing a terminally ill man to stop doctors withdrawing his feeding tube.

Lesley Burke did not want doctors to stop giving him food and water in the final stages of his illness.

The ruling has wide implications for terminally ill people who want the right to die.

And it means that decisions over people's right to live or die are back in the hands of doctors, rather than the patients.

After the GMC won its case, Mr Burke said: "Obviously I am disappointed that I have not got all that I wished for.

"I have every wish to take it to the House of Lords even though for me personally I should be okay."

Mr Burke was refused permission to take the case to the Law Lords but can petition the House for a hearing.

The 45-year-old is suffering the degenerative brain condition cerebellar ataxia.

He feared GMC rules on artificial nutrition might allow his wishes to be overruled.

Mr Burke, of Newton Estate in Lancaster, had feared reaching the point where, unable to communicate, he would be denied food and water and would take two to three weeks to die of starvation or thirst.

But the GMC told the Court of Appeal it believes the ruling could put doctors in "an impossibly difficult position".

The organisation believes it obliges a doctor to provide treatment which the patient demands - even if the doctor believes the treatment will not provide any benefit or would be futile.

The GMC said the patient did not have the right to demand any particular form of treatment.

Joyce Robins, co-director of human rights campaign group Patient Concern, said: "Doctors again have extraordinary power over us, making decisions on how and when we die.

"This is a huge step backwards for patients."

It's spreading. This is a young man who can communicate his wishes and the Doctors organization is trying to strip him of his right to live. Doctors are NOT God and definatelly mistake prone. (see 'malpractice')

So much for speaking for yourself or having a living will.

"A huge step backwords for patients" ... and human rights!

Listed on BlogShares