Sudiksha Thirumalesh, a 19-year-old girl, fought for her life and her freedom to be allowed to seek alternative treatment overseas.
Sudiksha suffered from a rare genetic mitochondrial disease similar to that of Charlie Gard, the baby whose life support was withdrawn as a result of a bitterly fought high-profile legal case in 2017. Sudiksha’s condition caused chronic muscle weakness, loss of hearing and damage to her kidneys. She was dependent on regular dialysis and other intensive care, but the condition did not affect the functioning of her brain.
However, the hospital doctors argued that Sudiksha’s refusal to trust the judgment of her doctors and to accept her immanent death was inevitable amounted to a “delusion”. In late August 2023, a judge sided with the doctors, ruling that the decisions about Sudiksha’s life and death should be taken by the Court of Protection based on an assessment of her best interests.
But Sudiksha wanted to die trying to live rather than give up.
She said: “I am in a race against time to escape from this system and the certain death it wishes to impose on me;: but I am a fighter and will continue to fight. I trust in God and will not give up hope.”
Sudiksha died on 12 September 2023.
Reporting restrictions stopped Sudiksha and her family from being named publicly until they were lifted on 22 September 2023.
In a landmark ruling handed down on 31 July 2024, the Court of Appeal overturned the decision of the Court of Protection which declared Sudiksha Thirumalesh lacked the mental capacity to make decisions about her medical treatment.
As part of Sudiksha’s legacy, this important judgment now reaffirms the right of patients to disagree with their doctors without risking being declared mentally incompetent and having their best interests assessed and enforced by the courts.