Locked-in syndrome man loses challenge over right to die

A man with locked-in syndrome has lost a High Court battle over guidelines which prevent doctors from assisting patients to end their lives.

The 50-year-old, identified as Martin, is almost entirely paralysed by a stroke, cannot speak and wants the option to end his life.

He had argued General Medical Council (GMC) advice unreasonably stopped help being given to those who wanted to die.

But judges ruled the current advice was lawful.

Lord Justice Elias and Mr Justice Collins - who accepted Martin had a "long-standing, considered and settled wish to end his life" - said the GMC was entitled to base its guidance on the fact that aiding and abetting suicide is a crime in the UK.

GMC advice, external states that doctors should not assist or encourage suicide.

"Where patients raise the issue of assisting suicide, or ask for information that might encourage or assist them in ending their lives, respect for a patient's autonomy cannot justify illegal action," it adds.

Martin's lawyers argued current GMC advice interfered with his right to a private and family life under Article 8 of the European Convention on Human Rights, external.

It also affected his right to freedom of expression under Article 10 because it prevented him from receiving proper medical advice, they said.

One option open to him would be to use the Dignitas clinic in Switzerland, but that would require a doctor's medical report covering his medical history, including diagnosis, prognosis and treatment.

Martin accepted that, in all probability, the doctor providing a medical report or giving advice "would be committing the crime of assisting a suicide".

Philip Havers QC, appearing for Martin, had argued the GMC should take a more "compassionate approach" in line with the director of public prosecutions (DPP).

Judges took into account recent changes to the DPP's policy which suggest the chances of prosecution are low for those who provide assistance out of compassion to a person with a "clear and settled intention" to commit suicide.

But they said it was for the GMC "to assess what the public interest requires".

And they ruled it was not the function of the guidance to tell doctors "when they can break the law without realistic risk of fitness to practise proceedings, and the courts could not possibly require the GMC to fashion its guidance that way".

Martin's lawyers said he intended to appeal.