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The court of appeal has overturned a ruling which allowed a man to receive artificial nutrition and hydration if he loses the power of speech.

The man has a degenerative brain condition - cerebellar ataxia - an umbrella term for nervous system disorders that cause a lack of co-ordination, but do not affect mental faculties.

He knows he will one day lose the power of speech and control of his limbs.

The man originally won a landmark ruling supporting his right to artificial nutrition and hydration, but this was overturned by the General Medical Council.

Artificial nutrition is classed as a form of treatment by the GMC and, therefore, last July's ruling, which was hailed as a breakthrough for the rights of terminally-ill patients, raised questions about medical interventions.

In the original case, Mr Burke argued that the GMC's advice not to give treatment was an infringement of his human rights.

The ruling to give treatment was overturned at the appeal hearing, on the basis that the original ruling had fundamentally altered the nature of doctor/patient relationships and was not in the best interests of the patient.

 

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