Heart-breaking Notes by Tragic Teenager in Legal Battle with Doctors: Did Sudiksha Thirumalesh really have capacity until the very end?
In a heart-breaking end-of-life battle with doctors, Sudiksha Thirumalesh, a 19-year-old who suffered from a rare degenerative disease, fought for trial treatment until her unfortunate death due to a cardiac arrest. Her family claims that the notes she left behind prove that she had the mental capacity to make decisions until the very end, contrary to what the judge ruled last month.
Sudiksha relied on life-preserving care, including a ventilator, feeding tube, and regular dialysis, as a result of contracting Covid-19 the previous year. Despite her condition, she was able to communicate her wishes through writing notes and text messages. Some of these notes show her request for adjustments to her care, while others express her pain, her desire to have her mother with her at all times, and even her apologies for her moments of anger.
Tragically, Sudiksha was forbidden from sharing her story due to a gagging order. However, she anonymously spoke to the Mail about appealing the ruling on her capacity before her death. Her parents now intend to continue her legal fight to prove the court wrong and prevent other children from enduring the same ordeal.
The judgment made by the court last month disregarded the opinions of two psychiatrists who affirmed Sudiksha’s capacity. One even described her as comfortable, alert, and in clear consciousness. The NHS trust involved argued that Sudiksha was actively dying and that de-escalating her intensive care was the kindest course of action. They claimed her refusal to accept their view was a sign of delusion. Consequently, the Court of Protection was tasked with determining her fate.
Sudiksha’s family insists that she maintained her capacity until her death on September 12 and even remembered to gift one of her nurses a wedding anniversary present just two days before her passing. They successfully removed reporting restrictions, allowing Sudiksha to be identified by her full name.
Now, with the assistance of the Christian Legal Centre, Sudiksha’s family aims to overturn the judgment on her capacity, calling it “perverse.” They believe her case has exposed flaws in the decision-making processes regarding mental capacity.
To watch the exclusive documentary by the Mail, “Sudiksha: Condemned to Die in Secret at 19,” please click here.
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