Doctors 'breached human rights'

David Glass' human rights were breached

Doctors who "imposed" treatment on a disabled boy against the wishes of his mother breached his human rights, judges have ruled.

But they accepted doctors at St Mary's Hospital, Portsmouth, had acted in the best interests of David Glass.

David's family did not agree with the treatment and refused permission for the medication.

The European Court of Human Rights said the hospital did not have the right to overrule family wishes.

David was admitted to hospital in October 1998 suffering from breathing difficulties and became critically ill.

His family disagreed with doctors' views that David, now 18, was dying and that further intensive care treatment would be "inappropriate".

When doctors insisted on treating David with diamorphine, violence broke out and police were called to the hospital, arresting several members of the family, who were later jailed.

David eventually recovered and was sent home.

In response to a complaint from his mother Carol, the General Medical Council (GMC) ruled the doctors had not acted improperly by treating David, and the treatment was justified.

On Tuesday, the European Court of Human Rights in Strasbourg disagreed, saying for doctors to decide whether or not to involve the courts was "wholly inadequate".

The court awarded the family £7,000 and imposed £10,500 costs.

Portsmouth Hospitals Trust was not available to comment.