London, England, Sep 29, 2011 / 13:12 pm
In what some are calling a landmark case, a British judge has refused to approve a request by the family of woman who is in a “minimally conscious state” to withdraw basic care.
The family of the 52-year-old woman, identified only as “M,” alleged that she was experiencing undue suffering and requested that food and water be withdrawn. However, Britain’s Official Solicitor and the health care workers responsible for her care opposed the request.
According to the BBC, Judge Baker, who heard legal arguments during a hearing in July, said the case was unique and raised "very important issues of principle." M had "some positive experiences," he said, and there was a "reasonable prospect" that those experiences could be extended.
Judge Baker said: "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."
Yogi Amin, a partner with the law firm representing “M” said, "This is a very important judgment. The law has been clarified and, going forward, in all such cases of patients who are in a minimally conscious state, the High Court does now have the power to decide whether it is in that patient's best interests for treatment to continue, or whether the patient should be allowed to die naturally, with dignity."