Quadriplegic Wins Right To Starve To Death

Quadriplegic wins right to starve to death, Aug. 15, 2009.

A LANDMARK court decision upholding a quadriplegic's right to decide not to be fed by a nursing home has opened the door for people who want to die by starvation, his lawyer says.

Chief Justice Wayne Martin, sitting in the West Australian Supreme Court yesterday, said it would be unlawful for the nursing home operator, Brightwater Care Group, to continue to feed and hydrate Perth man Christian Rossiter through a tube to his stomach against his wishes.

Chief Justice Martin also said any person providing palliative care to 49-year-old Mr Rossiter would not be criminally responsible.

He said Mr Rossiter, who lost all body movement after he was hit by a car in 2004, and suffered two falls in 2008 that led to spastic quadriplegia, had the right to direct his treatment.

Chief Justice Martin said it was his task to apply the law to the case dispassionately and it was important to emphasise what the case was ''not about''.

''It's not about euthanasia … nor is it about the right to life,'' he told the court.

The tragedy of Mr Rossiter's situation was ''profoundly significant but irrelevant'' to the legal decision, Chief Justice Martin said.

Mr Rossiter is not terminally ill or dying. While Mr Rossiter lacked the physical capacity to effect his own death, he had the mental capacity to make an informed decision.

Chief Justice Martin said that after Mr Rossiter had been given advice by medical practitioners, Brightwater ''may not lawfully continue'' feeding him and would not be criminally responsible for his death.

''They are entirely matters for Mr Rossiter.''

Mr Rossiter, aided by a nurse, was in court yesterday. He earlier told the court he was of sound mind and that he wanted to die in WA.

Outside the court, Mr Rossiter's lawyer, John Hammond, said the ruling had set parameters for doctors and patients.

''It affirms every individual's right to choose whether or not they receive medical treatment,'' Mr Hammond said.

''This has enhanced the rights of the individual and I think it gives a lot of comfort to medical practitioners who are met with requests as to whether or not food or medical treatment should continue.

''I think he has now opened up the door for people who do want to die by starvation.''

By Andrea Hayward, AAP (via The Age)

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