Landmark ruling? Woman with advanced MS should be allowed to die, says judge

Life-saving medical treatment for a woman with advanced multiple sclerosis should be withdrawn and she be allowed to die, a judge has ruled in what is said to be a landmark ruling.

The daughter of a 68-year-old woman asked a court to allow medics to stop providing "clinically assisted nutrition and hydration" and told of how she was "completely incapacitated." Mr Justice Hayden, presiding over the case ruled in her favour.

The woman was in a "minimally conscious state," according to medics and it is thought it is the first time such a ruling had been given for someone still conscious. Previously courts have only made such decisions about people who are in a coma or vegetative state who have no prospect of recovery. Hayden said his decision was an "evolution in case law."

MPs voted against a bill to legalise assisted suicide in September by 330-118 REUTERS

"This landmark decision is the first time that the Court of Protection has agreed to withdraw treatment from someone receiving life sustaining treatment while considered by medical experts to be in a 'minimally conscious state,'" said Mathieu Culverhouse, a lawyer at Irwin Mitchell who represented the daughter.

However CARE, a Christian public policy charity who campaigned strongly against assisted dying, said this was not as significant as is made out.

"It is important to stress this particular case was about withdrawing treatment, not assisted suicide, so while some might call it a 'landmark' ruling, we need to recognise the decision in its proper context," said spokesman James Mildred.

"Parliament made a brave and right choice last September when so many MPs comprehensively chose to support life rather than assisted death.

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"The direction we chose to go down as a nation was to pursue quality end-of-life care rather than opening the Pandora's box of doctor assisted suicide."

The daughter, whose case went unopposed, said her mother would not have wanted treatment to continue.

"My mum's immaculate appearance, the importance she placed on maintaining her dignity and how she lived her life to its fullest is what formed her belief system," she said. "It's what she lived for.

"All of that is gone now and very sadly my mum has suffered profound humiliation and indignity for so many years."

Treatment, including food and water, will now be withdrawn from the woman who cannot be named for legal reasons.

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