Parents of woman who died win appeal in NHS battle

The parents of a young woman who died during a legal battle with the NHS have won their appeal over a ruling their daughter could not make decisions over her care.

Sudiksha Thirumalesh, who had a rare mitochondrial disorder, had been involved in a court fight with University Hospitals Birmingham NHS Foundation Trust over being moved to palliative care before her death in September.

The 19-year-old had wanted to raise money for experimental treatment in Canada that she thought might help her rare genetic disorder.

Three judges, sitting at the Court of Protection, overturned the legal ruling Ms Thirumalesh lacked mental capacity to make decisions about her treatment.

An anonymity order in the case was lifted last September, enabling Ms Thirumalesh's family to speak of their anger over the battle with the trust.

In a rare move because of important legal principles in the case, the Court of Appeal had granted Sudiksha’s parents’ permission to pursue a posthumous appeal against the original ruling.

In the latest hearing, Lady Justice King told the court Ms Thirumalesh was "presumed to have had the capacity to give or withhold her agreement to medical treatment, including palliative treatment, at all times leading up to her death".

But the judge added she would make "no criticism of the judge who demonstrated the same care and compassion in this case as she did in every case she heard during her time as a High Court Judge".