A MAN who suffers from a degenerative brain condition will this week go to the High Court in London over the right to be kept alive by being fed artificially.

Leslie Burke, 45, who was diagnosed with cerebellar ataxia in 1983, believes that doctors must be obliged to continue feeding him regardless of how far his condition may have deteriorated. Doctors want to retain the discretion to withhold an artificial supply of food and water from patients if they believe that this would be in their best interests.

There are parallels between Burke and Terri Schiavo, the brain-damaged American woman who had feeding tubes removed in March at her husband’s request, against the wishes of her parents. President George W Bush intervened unsuccessfully to save her life.

John Reid, the former health secretary who is now defence secretary, has already intervened to warn that the case could result in patients demanding expensive treatments which would cause resources problems for the National Health Service.

Burke is defending a ruling that he won in court last July which overturned General Medical Council (GMC) guidance. This states that the condition of patients may be judged to have deteriorated so severely and their prognosis to have become so poor that continued treatment, including food, may cause too much suffering.

The GMC, which represents doctors, has appealed against the July ruling, prompting Burke to return to court.

“If I end up in hospital my communication skills will be negligible but my intelligence will be unimpaired. If food and water were taken away it would take up to two weeks for me to die. I would be aware of every minute of this and I would be unable to do anything about it,” Burke said.

“I cannot think of a more horrific process. There is no dignity in that. I am not asking for aggressive treatment. I do not want my end to be hastened.”

Paul Conrathe of Ormerods, Burke’s solicitor, said: “The crucial issue is whether a patient can compel a doctor to give him or her food and water.”

The GMC declined to comment about why it is appealing against the judgment.

In an earlier statement Ruth Evans, chairwoman of the GMC standards and ethics committee, said: “Doctors want clear guidance to help to ensure that individual patients receive the care that’s right for them. This is why we are appealing the judgment.”

Burke has lost the use of his legs, his movements are uncoordinated and his speech is impaired. As his condition deteriorates and he can no longer communicate, he is terrified that “if a doctor does not believe I have a good quality of life, he could withdraw my treatment, food and hydration”.

In a previous interview he said: “What I am frightened of most is that there will come a time when I have lost the capacity to communicate but am aware that the hospital had decided to stop feeding me.”

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