A HIGH court judge has ordered a leading medical expert to make a final assessment of a Barrow woman before he decides upon her right to die. 

The family of the patient, who is in a permanent vegetative state, travelled to court in Liverpool on Monday to support an application for permission to allow her to die as a last act of mercy on her behalf. 

They back a formal application by Cumbria Clinical Commissioning Group for a tube providing the woman with food and water to be withdrawn in order not to prolong her life any further.

Though the patient, who cannot be named for legal reasons, is awake, she is said to have no conscious awareness. 

But while the judge, Mr Justice Hayden, an expert in right to die cases, was due to make a final decision during the Court of Protection hearing, he has now ordered the UK's most eminent experts on the possibilities of neuro rehabilitation - Mr Derar Badwan - to assess the woman in person and confirm she has no hope of recovery. 

Mr Justice Hayden has pledged he will then take the 'heavy' decision on whether her life sustaining treatment can be withdrawn in her 'best interests'. 

It is expected she could then die within days while receiving palliative care after existing in an unresponsive state for a number of years. 

Speaking in court, Mr Justice Hayden said he shared the family's misgivings over 'unjustifiable' delays in the case, adding he was aware they believed it was not how the woman would want to live and was at odds with the code of behaviour she had displayed during her life. 

"The family feel, in a nutshell, that (the patient) has had enough and her dignity should be respected. 

"I am sure that the proceedings today have been extremely distressing for the family. 

"I am utterly sure that the past few months have been a nightmare for you all to live through. 

"But when a case comes before a court a decision has to be taken on the best available evidence in order to get the best result. 

"There can be no more important a decision." 

The unexpected delay to a final decision being taken took place after it emerged assessments undertaken to confirm a patient has no awareness of their surroundings had been conducted while the woman was being given medication that can have a sedative effect. 

The only sign of any awareness, the court was told, was one occasion when the patient was seen to raise her eyebrow. 

However, Mrs Annabel Lee, counsel for the family, stated the drugs in question were necessary to control severe 'jerks' experienced by the woman as a result of her condition. 

And a statement from the expert consultant who has been in charge of the woman's care stated that without the medication "it is highly unlikely that anything other than the very lowest minimally conscious state would be possible". 

He added his diagnosis is that she has "no rehabilitation potential." 

But Mr Badwan, who is now to travel to the area to assess the patient in person, told the court alternative medication must be used to ensure all protocols are followed in the nationally recognised assessment process. 

"The withdrawal of sedative medication is an essential part of the guidelines. 

"I have what was forwarded to me and have seen two medications that could interfere with her awareness. 

"There is no reason why it can't have been withdrawn." 

Mr Justice Hayden will consider the conclusion of Mr Badwan before deciding whether to grant a declaration that the continuation of medical treatment in the form of artificial nutrition and hydration is not in the best interests of the patient.