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Old 03-20-2005, 10:04 AM   #160 (permalink)
Manx
Loser
 
And then there are these, due to a law signed in 1999 by then Governor George Bush:
Quote:
A patient's inability to pay for medical care combined with a prognosis that renders further care futile are two reasons a hospital might suggest cutting off life support, the chief medical officer at St. Luke's Episcopal Hospital said Monday.

Dr. David Pate's comments came as the family of Spiro Nikolouzos fights to keep St. Luke's from turning off the ventilator and artificial feedings keeping the 68-year-old grandfather alive.

St. Luke's notified Jannette Nikolouzos in a March 1 letter that it would withdraw life-sustaining care of her husband of 34 years in 10 days, which would be Friday. Mario Caba-llero, the attorney representing the family, said he is seeking a two-week extension, at minimum, to give the man more time to improve and to give his family more time to find an alternative facility.

Caballero said he would discuss that issue with hospital attorneys today.

Pate said he could not address Nikolouzos' case specifically because he doesn't have permission from the family but could talk about the situation in general.

"If there is agreement on the part of all the physicians that the patient does have an irreversible, terminal illness," he said, "we're not going to drag this on forever ...

"When the hospital is really correct and the care is futile ... you're not going to find many hospitals or long-term acute care facilities (that) want to take that case," he said. "Any facility that's going to be receiving a patient in that condition ... is going to want to be paid for it, of course."

http://www.chron.com/cs/CDA/ssistory...olitan/3073295
Quote:
Life-Support Stopped for 6-Month-Old in Houston

Yesterday Sun Hudson, the nearly 6-month-old at Texas Children's Hospital in Houston, diagnosed and slowly dying with a rare form of dwarfism (thanatophoric dysplasia), was taken off the ventilator that was keeping him alive. A Houston court authorized the hospital's action, and Sun died shortly thereafter. Today's Houston Chronicle and Dallas Morning News have most of the details.

Both papers report that this is the first time in the United States a court has allowed life-sustaining treatment to be withdrawn from a pediatric patient over the objections of the child's parent. (The Dallas paper quotes John Paris, a bioethicist at Boston College, as its source.) If true, the unique Texas statute under which this saga was played out contributed in no small way to the outcome. As one of the laws co-authors (along with a roomful of other drafters, in 1999) let me explain.

Under chapter 166 of the Texas Health and Safety Code, if an attending physician disagrees with a surrogate over a life-and-death treatment decision, there must be an ethics committee consultation (with notice to the surrogate and an opportunity to participate). In a futility case such as Sun Hudson's, in which the treatment team is seeking to stop treatment deemed to be nonbeneficial, if the ethics committee agrees with the team, the hospital will be authorized to discontinue the disputed treatment (after a 10-day delay, during which the hospital must help try to find a facility that will accept a transfer of the patient). These provisions, which were added to Texas law in 1999, originally applied only to adult patients; in 2003; they were made applicable to disputes over treatment decisions for or on behalf of minors. (I hasten to add that one of the co-drafters in both 1999 and 2003 was the National Right to Life Committee. Witnesses who testified in support of the bill in 1999 included representatives of National Right to Life, Texas Right to Life, and the Hemlock Society. Our bill passed both houses, unanimously, both years, and the 1999 law was signed by then Governor George W. Bush.)

http://lawprofessors.typepad.com/hea...pport_sto.html
Which brings up a bunch of issues, such as:

- The questionable pro-life position of George Bush. Suddenly he is pro-life, but in 1999 he was pro-money.
- The lack of universal health care that results in hospitals being allowed to kill patients against the patients wishes.
- The stark contrast to Terri Schiavo, who doesn't want to remain in this condition yet has Congress attempting to force her vs. Spiro + Sun, who did want to be kept in thei conditions for hope of improving yet had no support from Congress.
- The clear political points motivation of Congress to be taking on a fight at the 11th hour for a case that has made national headlines while ignoring cases of supporting the patient when it only makes local headlines.
- The myopia of the right to life movement that they would collect charity to fight a court case for 5 years when they could have used that money to enable Spiro + Sun to not be killed against their wishes.
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