Continuing the fight for the right to die
You will remember the case of Tony Nicklinson who died shortly after the High Court ruled that he could not have permission to seek medical help to die.
Mr Nicklinson’s widow Jane has the permission of the court to challenge the High Court decision made against doctor assisted death. A local man Paul Lamb has joined forces with Mrs Nicklinson to challenge the High Court decision. Their cases will be heard in the middle of May.
In England and Wales it is an offence to encourage or assist a suicide or suicide attempt but Mr Lamb is so paralysed he cannot take the final steps to kill himself and would need a doctor to kill him. This is the equivalent of murder.
Mr Lamb is asking a court to declare that any doctor who killed him would have a defence against a charge of murder. The Defence would be known as necessity meaning it was necessary for the doctor to act to stop Mr Lamb’s intolerable suffering.
Mr Lamb was severely injured in a car accident in 1990 and has no function in any of his limbs apart from some movement in his right hand. He requires 24 hour care and has been in pain for the last twenty three years. Mr Lamb now feels worn out and fed up with his life. Mr Lamb said he was not depressed and wanted to be able to end his life in a dignified way with his loved ones around him.
Disability Rights groups are very anxious about the challenge to the current law. They want to avoid any attempt to change the law on assisted suicide as they feel that many disabled people would be vulnerable if assisted suicide were allowed.
There have been several challenges to the current rules on assisted dying. Diane Pretty who suffered from motor neurone disease wanted the courts to give her husband immunity from prosecution. Debbie Purdy from Bradford also challenged the lack of clarity on the law of assisted suicide. She won her case and guidance was issued even though the law has not changed.
We will comment on the court’s decisions when they are made in about a month’s time. We have not dealt with any such cases in this office although we have had two recent cases concerning a person’s ability to decide where they wanted to live and which family members lived with them. Court of Protection decisions are becoming more and more relevant as medical science is able to prolong life and enable everybody to live longer.
Hello@LawBlacks.com
0113 207 0000
@lawblacks
Blacks Solicitors LLP
