Teenager in Right to Life Case Had Mental Capacity, Court Rules

Published on July 31, 2024

The Court of Appeal has overturned a ruling which would have allowed the withdrawal of life-preserving treatment from a teenager despite her express wish to live. Three judges on Wednesday said that the 2023 Court of Protection ruling that 19-year-old A-level student Sudiksha Thirumalesh lacked mental capacity to make decisions about her medical treatment was wrong. Thirumalesh suffered from a rare genetic mitochondrial disease and lost her fight for life in September 2023 after doctors decided she should have all treatment withdrawn because they claimed it was prolonging her suffering as they considered her condition incurable. She fought against her doctors’ decision that she should be moved  to palliative care, expressing her wish to live clearly and consistently to her doctors and recorded her views in her diaries. She was still battling the decision to withdraw ventilation and dialysis when she died of respiratory and cardiac arrest....

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