A mother's 権利 to decide

Last updated at 15:55 10 March 2004


The 充てるd mother of a profoundly 無能にするd boy yesterday won a 目印 合法的な 戦う/戦い against doctors who 手配中の,お尋ね者 to let him die.

When Carol Glass learned hospital staff had 孤立した David's life-saving 治療 - and 治めるd strong 苦痛-殺人,大当り 麻薬s so he would "静かに slip away" - she took 活動/戦闘 to 除去する him.

She decided to care for the 12-year-old at home and took the hospital to 法廷,裁判所, (人命などを)奪う,主張するing staff had 行為/法令/行動するd beyond their 合法的な 力/強力にするs. She 述べるd their 活動/戦闘s as "安楽死 on the sly".

Yesterday, after a five-year 合法的な 戦う/戦い, the European 法廷,裁判所 of Human 権利s 支配するd in her favour. Their 決定/判定勝ち(する) will 意味ありげに 影響する/感情 the way doctors make life-or-death 決定/判定勝ち(する)s and 増強するs the 力/強力にする of parents to decide what, if any, 医療の 治療 is best for their children.

Mother vindicated

"I have been 全く vindicated," said Mrs Glass yesterday at her home in Portsmouth.

"The 判決,裁定 証明するs my son is just 無能にするd, not terminally ill. And as a 無能にするd person he is not a second-class 国民, he has 権利s of his own.

"The doctors had no 権利 to try and kill David. Their approach was crass and 激しい-手渡すd. The fact that he is alive today 証明するs how wrong they were."

David, now 17, is blind and 苦しむs from spastic quadriplegia, epilepsy and 厳しい learning difficulties. Miraculously, he 反抗するd doctors' 予測s that he would die at birth.

But in October 1998 he was taken to St Mary's Hospital, Portsmouth, with a serious respiratory 感染 and his 条件 速く より悪くするd.

Doctors decided to 除去する the youngster from his lifesupport machine and 注入する him with diamorphine ーするために let him "die with dignity".

His mother 主張するd she 手配中の,お尋ね者 治療 to continue and 公約するd to 除去する her son from their care.

Scuffle at hospital

As she pulled the tubes from David's 団体/死体, a scuffl e broke out and the police were called.

Three members of her family were later 設立する 有罪の of violent disorder and 強襲,強姦 and 宣告,判決d to between nine and 12 months in 刑務所,拘置所.

Mrs Glass managed to keep David alive 夜通し by banging on his chest, rubbing his 武器 and 脚s and blowing in his ears. Hospital bosses (刑事)被告 her of "extreme cruelty" but 許すd her to take him home the に引き続いて day.

Although her 事例/患者 was 拒絶するd by both the High 法廷,裁判所 and the 法廷,裁判所 of 控訴,上告, Mrs Glass - who 主張するs her son has a good 質 of life - took her fight to the European 法廷,裁判所.

Yesterday, seven 裁判官s said the hospital's 決定/判定勝ち(する) to 課す 治療 on David in 反抗 of his mother's 反対s 干渉するd with the 権利 to 尊敬(する)・点 for his 私的な life, 顕著に his 権利 to "physical 正直さ".

Under English 法律, they said, doctors already had a 義務 to 保存する the life of a 患者.

The 判決,裁定 means that hospitals who want to 保留する or 身を引く 治療 against the wishes of a 患者 or their family must first 捜し出す a 決定/判定勝ち(する) from the 法廷,裁判所s, unless there are "exceptional" circumstances.

It did not (a)手の込んだ/(v)詳述する on what those exceptional circumstances might be but said: "The onus was on the 信用 to take the 率先 and 信管を取り除く the 状況/情勢.

"The 信用 was able to 安全な・保証する the presence of a police officer to 監督する the 交渉 with Ms Glass but, surprisingly, did not consider making a High 法廷,裁判所 使用/適用 even though it would have been possible at such short notice."

損害賠償金 award

Mrs Glass was awarded £7,000 損害賠償金 and costs of £10,500. She said David, who has three older sisters, was "a wonderful boy who brings nothing but joy to my life".

She 追加するd: "Thank goodness it will be Nature that decides if he lives or dies now, not the doctors."

Portsmouth Hospitals NHS 信用 辞退するd to comment last night, 説 it 手配中の,お尋ね者 to 熟考する/考慮する the judgment in 詳細(に述べる).

A British 医療の 協会 広報担当者 said it would also 診察する the 決定/判定勝ち(する).

Dr Michael Howitt-Wilson, 副/悪徳行為- chairman of antieuthanasia (選挙などの)運動をする group 警報, said: "We are delighted at the 決定/判定勝ち(する)."

患者s' 権利s 選挙運動者 Julia Quenzler said: "Every day hospitals are riding rough-shod over their 患者s. It is a 事例/患者 of doctor always know best.

"This hugely 重要な 判決,裁定 unequivocally 明言する/公表するs they do not have that 権利.

"If there is 不一致 between the 患者 or their family and the hospital 関心d over the 治療 they are 存在 given, then both parties must ask a 法廷,裁判所 to 支配する on the 問題/発行する for them."

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