A LANCASTER man who secured the right to die with dignity by winning a landmark legal battle against medical guidance will now have to go fight his case all over again.

Leslie Burke, who suffers from a degenerative brain condition, was granted his right to live in the High Court last July, preventing doctors from withdrawing his food and water when he is unable to talk.

Mr Burke, of the Newton estate, took High Court action because he was concerned that under General Medical Council guidelines doctors could stop artificially feeding terminally ill patients.

But last Thursday, the GMC won its appeal against the ruling. It means Mr Burke will now have to appeal at the House of Lords.

Says the 44-year-old: "I found the decision disappointing even though the judge was very clear that while I am still competent, doctors should not withdraw food and water and if they do it will be classed as murder.

"But he said it is different when I am incapacitated - which is when I can't communicate - and that the power then swings in the other direction. But although I will not be able to communicate, I will be as mentally alert as I was before.

"The judgment says to me that they did not seem to hear my argument - but life goes on."

Mr Burke, who was diagnosed with cerebellar ataxia 14 years ago, has already lost the use of his legs.

Now he plans to petition the House of Lords and says: "I want to die naturally and with dignity. I don't want a doctor who has known me for a few minutes to judge what my quality of life may be like. I hope that the House of Lords hears me."

The GMC welcomed the judgement last week and says it hopes Mr Burke, a former postman, is reassured that he will receive the treatment he needs, including artificial nutrition and hydration.

It says that causing patients to die from starvation and dehydration is absolutely unacceptable.

President Prof Sir Graeme Catto says: "Patients should be reassured by this judgement which emphasises the partnership needed to resolve end of life issues.

"Our guidance makes it clear that patients should never be discriminated against on the grounds of disability.

"In the light of the judgement we shall look at what further steps we can take to explain and promote good practice in this area."

The court made it clear that the GMC has a vital role to play in ensuring doctors know the standards that are expected of them by patients.

At the Court of Appeal, Lord Phillips, said: "It is of the utmost importance that the guidance should be understood and implemented at every level throughout the NHS and medical profession."