In whose best interests: who knows?

Abstract

Leslie Burke challenged the GMC guidelines on withholding and withdrawing artificial nutrition and hydration because he wanted to ensure that food and fluids were not withdrawn from him at a time when he might still be cognisant. This article reviews the case and the judgments at first instance and in the Court of Appeal. In the interests of patient autonomy it argues that the patient is best placed to decide what is in her or his best interests and that the first instance decision was an appropriate response to Mr Burke's challenge.