The family of a 19-year-old woman who died while fighting an end-of-life legal battle has been granted permission to appeal a controversial judgment on her mental capacity, in what is believed to be a historic first.
Sudiksha Thirumalesh, who suffered from mitochondrial depletion syndrome, was left devastated after a judge ruled that she lacked the mental capacity to make her own medical decisions. The student, known only as 'ST' due to a gagging order, had launched an appeal but died from a cardiac arrest on September 12 before it could be heard.
Her parents, Revathi Malesh Thirumalesh and Thirumalesh Chellamal Hemachandran, have insisted she had '100 per cent capacity until the very end' and have been given leave to continue her legal battle. Lady Justice King said there was a 'real prospect of an appeal succeeding and there are compelling reasons for these important issues to be considered'.
The case involved the Queen Elizabeth Hospital Birmingham (QEHB), which had sought to remove Sudiksha's life-support. Doctors argued that her refusal to accept her death was a sign of 'delusion' and that the courts should decide her fate. However, two independent psychiatrists found that she had mental capacity.
Sudiksha's father said: 'We are relieved to have the opportunity to appeal... It was clear overreach from the NHS and courts, and we are determined to do everything we can for it to be overturned.' The family hopes the appeal will have far-reaching implications for other patients.
