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The parents of a teenager who died during a legal battle with the NHS have won their appeal over a court ruling their daughter was unable to make decisions over her own 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.
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”.
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