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Another step on the slippery slope

Red Robin

Well-known member
Judge orders Texas hospital to keep 'Little Emilio' alive
Rusty Pugh and Jody Brown
OneNewsNow.com
April 11, 2007


A Texas baby at the center of a debate over life-sustaining treatment will continue to receive his breathing and vitamin treatments while the case moves forward in court.


A judge has issued a temporary restraining order (TRO) that will force Children's Hospital of Austin to continue giving toddler Emilio Gonzales his medical treatments for what doctors think is Leigh's Disease, a rare condition that is treated primarily through vitamin therapy. The hospital wants to discontinue the treatments because doctors do not believe Emilio can recover, deeming his life "futile."

Joshua Carden with the Alliance Defense Fund says the family -- not a hospital "ethics" committee -- should be making decisions about this child's life.

"And that used to be the case," the attorney explains, "but in Texas, this law that's on the books -- [a law] that I'd never heard of until just a few weeks ago -- allows hospitals and their ethics committees to override the wishes of the family."

According to Carden, the Texas case is differs considerably from a Florida case that drew the attention of the American public and the media slightly more than two years ago.

"There's no dispute amongst family members -- this isn't like the Terri Schiavo case, where you had parents versus husband," he shares. "This is Emilio's mom saying, 'Please keep my little boy alive.'"

But the hospital ethics committee has apparently made up its mind, says the ADF attorney, who suggests that Emilio faces severe consequences if the committee's vote stands. "n this case, he'll die a death that's more painful than a death that death-row inmates face," says Carden.

Children's Hospital had intended to stop the baby's treatment on Tuesday (April 11). But because of the court's intervention through the TRO, the young boy will continue to receive treatment until the new hearing date on April 19. The case is Gonzales v. Children's Hospital of Austin.
 

kolanuraven

Well-known member
Then Gov George Bush signed the law that gave the hospitals the official and final say over the life and death decisions in cases such as this...took it right out the families hands.


You'll squeal but it's true...not Bush bashing at all...just fact.
 

kolanuraven

Well-known member
With you last statement I do agree.

I only mention it as I find it a bit odd that Bush/Rep's in general claim to be " pro life' in all situations....but then here he went and signed this into law. Quiet a contradiction on his part.


He could have easily vetoed it.
 

Mrs.Greg

Well-known member
Sad all the way around...to the parents that already have enough on thier plates then having to fight to keep THIER child alive....and sad a gov. has the right to make this kind of desision
 

Econ101

Well-known member
Kol, this is very ironic given the Terry Schiavo case and the Jeb Bush administration and republican administration all the way up to Congress stepping in. Of course a policy like this is meant to save money for hospitals. If this is totally true, I am surprised the media did not bring up this point during the Schaivo case. What it points out to me, if it is true (if Bush really let this law go through--I hadn't heard about it) is that the Bush Administration and many republicans are feigning morals for politics, plain and simple.

As I said, the lack of media telling this info during the Shaivo case (I didn't hear it but it may have happened) shows that our media is so shallow as to allow politicians the lack of information as cover for their hypocrisy. We know this is happening with the Congress's ethics committee, but media playing along shows either incompetence or corruption of one of the main balances we have in our system--the truth.
 

kolanuraven

Well-known member
Econ, like the lawyer stated in the above piece, a lot of people didn't even know about this law until the case with this child came up.

The difference is that in the Schaivo case there were differing opinions, one for life , one for death. In this case all of these people are saying life....but the hospital has the control.


This MAY NOT be the only instance of a state having this law. It would do for some investigation on your own turf to see what lays ahead in your own home state.
 

kolanuraven

Well-known member
The Texas Advance Directives Act (1999), also known as the Texas Futile Care Law, describes certain provisions that are now Chapter 166 of the Texas Health & Safety Code. Controversy over these provisions mainly centers on Section 166.046, Subsection (e),[1] which allows a health care facility to discontinue life-sustaining treatment against the wishes of the patient or guardian ten days after giving written notice if the continuation of life-sustaining treatment is considered medically inappropriate by the treating medical team. For the hospital personnel to take advantage of legal immunity from prosecution for this the following process must be followed:

The family must be given written information concerning hospital policy on the ethics consultation process.
The family must be given 48 hours' notice and be invited to participate in the ethics consultation process.
The ethics consultation process must provide a written report to the family of the findings of the ethics review process.
If the ethics consultation process fails to resolve the dispute, the hospital, working with the family, must try to arrange transfer to another provider physician and institution who are willing to give the treatment requested by the family and refused by the current treatment team.
If after 10 days, no such provider can be found, the hospital and physician may unilaterally withhold or withdraw the therapy that has been determined to be futile.
The party who disagrees may appeal to the relevant state court and ask the judge to grant an extension of time before treatment is withdrawn. This extension is to be granted only if the judge determines that there is a reasonable likelihood of finding a willing provider of the disputed treatment if more time is granted.
If either the family does not seek an extension or the judge fails to grant one, futile treatment may be unilaterally withdrawn by the treatment team with immunity from civil or criminal prosecution. [2]
The bill was signed into law while George W. Bush was Governor of Texas; critics have compared this law and its effects with Bush's response to Terri Schiavo's situation, in particular his signing of the Incapacitated Person's Legal Protection Act. [3]The Houston Chronicle noted that Schiavo's case wouldn't be applicable in Texas if she lived in the state.[1]


You better ' care' RR who signed the law cause this supposedly Pro Life man is now running YOUR country and making decisions that will affect/effect your life and your kids lives forever, just like the Gonzales family!

Under this bill you are 'invite' to discuss the future of your loved one with strangers and given only 10 days to secure other care facilities. 10 days!!!! Everyone that's tried to get a reg Dr appts knows that's a joke!
 

Econ101

Well-known member
Kol, if I am not mistaken, the medical field, with the exception of one heart doctor from the Senate, agreed that there was no more hope for recovery for
Schaivo. They let the family quarrel over it and the family had the last say, but they could have easily done the same thing the Texas law is allowing--pulling the plug--had they the law that Texas has thanks to Bush (GW).
 

kolanuraven

Well-known member
I believe that the medical world agreed that Schiavo was basically brain dead.

I'm not sure if the brain dead issue goes with the Gonazles boy or not.

The big stink with the Schaivo case came from the family being in opposition to each other for what ever their personal reasons were then the gov't got sucked up into it and that was WRONG!!

I'm also not sure of the financial backing of the Gonzales family, but 99% of the people could not afford to pay the full ticket for such care no matter who you may be so I'm guessing this care cost is on the hospital/county.

It's a bad call and I understand all angles but I don't think the hospital should ' push' cause when you push anything you'll get the equal and opposite reaction!!
 

Steve

Well-known member
KolanuRaven
The bill was signed into law while George W. Bush was Governor of Texas; critics have compared this law and its effects with Bush's response

here is another "example" where I totally disagree with President Bush.,..now with that said....and instead of making it about GW

Is it to difficult to be outraged at the idea of a life ended because a hospital is looking at costs? ,....

(or should we just sit about and complain about "everything" that pisses liberals off about Bush?,..all the while ignoring the real problems in the world.)
 

Steve

Well-known member
A judge has issued a temporary restraining order (TRO) that will force Children's Hospital of Austin to continue giving toddler Emilio Gonzales his medical treatments for what doctors think is Leigh's Disease, a rare condition that is treated primarily through vitamin therapy.

Is there any treatment?
The most common treatment for Leigh's disease is thiamine or Vitamin B1.

Maybe I'm off base here but,.. vitamin B1 is not an "expensive treatment",..so why spend "expensive" court time,..to fight to withhold it unless it is a control issue.


What is the prognosis?
The prognosis for individuals with Leigh's disease is poor. Individuals who lack mitochondrial complex IV activity and those with pyruvate dehydrogenase deficiency tend to have the worst prognosis and die within a few years. Those with partial deficiencies have a better prognosis, and may live to be 6 or 7 years of age. Some have survived to their mid-teenage years.


It is a very rare disorder which affects only a small portion of the population, and as of yet, there is no cure for Leigh's disease. It usually affects infants under 2 years of age, but, in rarer cases, teenagers and adults as well. It is currently treated with Vitamin B1, or thiamin, but even with treatment, infants rarely live longer than two or three years after the onset of the disease. In cases of older people, the disease takes longer, but is still almost always fatal.

The hospital wants to discontinue the treatments because doctors do not believe Emilio can recover, deeming his life "futile."


For every doctor that would give up....there is one that would try harder....maybe with national attention that doctor and Hospital will step up...
 

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