R (Burke) v GMC

[2005] Lloyd's Rep Med 403

COURT OF APPEAL

Lord PHILLIPS of Worth Matravers MR, Lord Justice WALLER, and Lord Justice WALL

Medical treatment — Judicial review — Declaration as to lawfulness of GMC guidance — Declaration as to lawfulness of treatment — Best interests and autonomy of competent patient — the doctor's duty to care — European Convention for the Protection of Human Rights, articles 2, 3, and 8 — Procedure: whether necessary to obtain court authorization before withdrawing artificial nutrition and hydration