TX: Baby has no "constitutional right to life-sustaining treatment".

[rainbow4321]

http://media.www.dailytexanonline.com/media/storage/paper410/news/2007/05/09/StateLocal/Gonzales.Baby.Has.No.Right.To.Life.Support.Attorney.Says-2897709.shtml

The court-appointed guardian for a 17-month-old, terminally ill infant on life support wrote in newly released legal documents that the child does not have a constitutional right to life-sustaining treatment.

Attorney Jody Helman was appointed by Probate Judge Guy Herman to mitigate any conflict of interest presented by the baby's mother or the defendants, a group of doctors and a family of hospitals. Helman submitted his most recent judgements in a 53-page document late Friday, saying the case of Emilio Gonzalez involves "letting a patient die, not making a patient die."

Gonzalez, blind and deaf since his birth on Dec. 3 2005, has spent the majority of his life hooked to a respirator. His mother, Catarina Gonzalez, insists she can communicate with her son and wants the Children's Hospital of Austin to keep him on life support until she finds alternative care. Hospital doctors say extensive treatments and a breathing tube are causing the dying baby to suffer unnecessarily.

<snip>
Catarina succeeded in getting the hospital to grant several temporary restraining orders, forbidding doctors from tampering with or removing Emilio's life support. The legal battle that will decide the infant's fate will culminate at a hearing that begins May 30.

[Bluebear]

1. Never fear, baby! I'm sure Jeb and Randall Terry will be there any minute!

Along with people with giant spoons and a big Jesus on a trailer hitch, all screaming 'feed Emilio!' Right? Right?

[Beaverhausen]

6. Did you see the baby's last name?

Brown babies don't matter to those people.

[Bluebear]

8. Si, verdad. nt

[Warpy]

34. Her name and her color aren't the point

What this is about is economic class. If she were able to afford a long term care facility out of pocket and find one willing to care for an infant, or if she were able to afford home vent care, there wouldn't be that big a problem sending him there. She'd still be looking for something besides an acute care bed, though.

The bottom line is that she can not afford to assume the financial burden.

There is no hope for this baby, sadly, and if he is able to perceive anything at all, that ventilator is painful. Nothing can be gained by keeping the child technically alive.

It's a sad case all the way around. I doubt her color has anything to do with it, though. I've known enough blue eyed blondes with Spanish names and she might be one of them. One never knows.

[Hepburn]

14. Well., maybe.....

...but you have to remember this is a real child ~~ born and alive ~~ and not a fetus so the RW nuts may not be that interested in his survival.

[central scrutinizer]

2. not in an off year, anyway

but if there is political capital to be made by pandering ala Terry Schiavo, then by God, bring 'em on.

[xchrom]

3. here we go again.

this stuff is really nuts -- and without compassion.

if the child cannot survive -- then it's about making his or her end of life time as pain free and comfortable as possible.

[uppityperson]

4. What's the State of TX's stance on abortion again?

[malaise]

16. That was my instant response to this madness

although I'm not sure this poor infant will live on his own.

[gollygee]

5. Why aren't the Bushes et.al. running around trying to save this baby's life???

Oh, "Emilio Gonzalez" . . .

*sigh*

[3waygeek]

9. The parents should have named the boy

Elian -- that'd get the Bushies on his side.

[MADem]

7. Another one of those Texas cases, eh?

[leftofthedial]

10. should have stayed a fetus

dumb baby.

[HiFructosePronSyrup]

12. Pff...

:hide:

[TahitiNut]

17. !

:rofl:

[blondeatlast]

20. My thinking exactly... nt

[karlrschneider]

11. This kid's mother is nuts.

...

[TahitiNut]

18. Hey! Are you implying that's a Bad Thing™?? (Tsk, tsk, tsk!)

We Nuts take umbrage at such allegations. :silly:

* This is a public service posting on behalf of the International Alliance of Fruits & Nuts, Anti-Defamation Division.

[Selatius]

13. Let the baby die in peace. This is prolonging everybody's suffering

The mother, in my honest opinion, is in denial.

[hyphenate]

15. I truly cannot understand

(perhaps because I have no children) how a parent can cling to an impossible hope when there is sufficient evidence to show that there is nothing anyone can do for the child. I don't understand how prolonging this poor child's life is of any comfort to them, when releasing that baby from the continuing torture of life should be their prime objective.

I do think back to the debacle with Terri Shiavo when the parents were crying foul over and over again, and the autopsy revealed that Michael Shiavo and the doctors were right all along. I mean, for crying out loud, even the bible (a document in which I find so many wonderful contradictions) said there was a "time to die" and a "time to live" and most people accept that.

I've been watching two series on Discovery Health channel called "Medical Incredible" and "Mystery Diagnosis" and the one thing I find intriguing is that some doctors do consider themselves only second to their god in their ability to perform "miracles" in keeping some people alive. The main difference is that science has managed to progress to a point where some "miracles" ARE possible through science. But there are still things which even doctors and the whole of the medical profession cannot change, and until that day, we need to accept the limitations of ALL human beings, and one of those limitations in the fact that we will die--every one of us, at some time.

There is a point where we must decide whether there is anything worth "living for" if we cannot enjoy the life we have. Most of us make that decision for ourselves, but the caretakers of those who are too young to make that choice need to think of the welfare of that person instead of thinking of themselves in making that decision.

With Terri Shiavo's parents, I can only say that their selfishness only made their daughter's suffering that more intolerable. The only "good thing" that came out of that whole mess was the dialogue that ensued across the world about it. If Terri's life meant anything in the grand scheme, it was that her death created discussion about an unpleasant--and unthinkable--situation.

[Kagemusha]

24. They just decide that the evidence isn't sufficient against all reason.

The fact that this also comes down to money doesn't mitigate that this baby's a lost cause. That's too bad, but in the big picture, more treatments aren't going to help and that's money that's not going to someone who can be saved. Unfortunately.

[Marrah_G]

30. Not all do

My former cousin-in-law (more like a sister-in-law)had a son who was terminally ill from about 6 or 8 months (Tay Sachs). He lived in agony for 4 years. Deaf, blind, mute (except for the moaning) and unable to move, except for the siezues that seemed to last forever. His parents had to jumps through some hoops to get a DNR order. If they could have let him go earlier I am sure they would have. Watching your child suffer when there is no hope is excruciating. It sounds to me as if this mother is clinging to hope for a miracle, possibly because he is her whole life. It's very sad and I hope to heck there is some support there for her when he passes. She is going to need help getting over it. I feel for her.

[Madspirit]

19. I hate to say it

I'm a Texan and I hate Bush's law that takes it out of the hands of the family and most of the people on this thread I will disagree with are folks I usually agree with...but..

They need to allow this baby to die. His brain is like swiss cheese. He has constant seizures and no hope of recovery. This is just a poor sad mom who doesn't want to let go. I'm sorry but I read some interviews with the liberal, bearded hippie compassionate doctor...not a Bush stooge at all. This baby needs to be allowed to die. I feel so sad for the mom and baby it brings tears but this baby is not going to recover and cannot endure these seizures much longer. It is not a happy baby. It is beyond the ability to recover and it must be in pain. I cannot support keeping him alive like this.
Lee

[gollygee]

25. My problem isn't the doctor's decision

It's that I don't understand how "right-to-lifers" can try to keep Terry Schiavo on life support, but not care in the slightest or whatever in cases like this. It is bizarre.

[magellan]

21. This is one of the most Draconian pieces of legislation passed in recent history

...and the Shrub signed it into law when he was governor. I just can't agree that these decisions should be made by anyone but the parent(s)/family.

Jesus, 25 years ago my family had a hell of a fight to get my mother off a respirator (not in TX). She was brain dead; the hospital had resuscitated her after she'd been without oxygen for over 20 minutes. They knew the odds were against her but they did it anyway because, as they explained, their job is to save lives -- not to judge whether it's worth trying. We never had a quarrel with them: they did what they were trained to do. Having her removed from the respirator wound up in court for reasons having nothing to do with the hospital. We won.

Bush** has turned that on its head and now TX hospitals decide whether keeping somebody alive is worth it based on the cost-effectiveness for THEM. The horror is in wondering how many people they're letting die, just to save money, who otherwise might have lived if they'd fought to save their lives.

[MadMaddie]

22. So where are the Right To Lifers....Where is Dobson....

oh wait...it's a poor family....they are not important:sarcasm:
They sure wanted Terri Schiavo to live....why not a baby that has come out of the womb....

[JitterbugPerfume]

23. let this poor child die with a shred of dignity

there are worse things in life than dying

I witnessed my own son in a similar situation many years ago , and I do not regret the order I gave for no extraordinary life saving measures

I did it because I loved him ( and I still love him)

[KamaAina]

26. Define "terminally ill".

A cadre of medical experts also weighed in on Emilio's grim prospects of surviving the "irreversible" disease. A doctor's note filed in March predicted Emilio would not live past April 5.

a) He gave an exact date?! :eyes: b) Isn't it mid-May already? :P

Shortly after transporting the child to intensive care, doctors diagnosed Emilio with Leigh's Disease, a disorder characterized by the degeneration of the central nervous system.

http://www.ninds.nih.gov/disorders/leighsdisease/leighsdisease.htm

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. (emphasis mine)

[ComerPerro]

27. one you're born, you are on your own

[nickinSTL]

28. yeah, this kid has already been born...

if it was a fetus, they'd be screaming about how it needed to be defended.

:puke:

Hypocrites.

[gollygee]

29. If it were a fetus

some people would be wanting the mother to die in childbirth rather than have an abortion.

*sigh*

[gollygee]

31. Now that the State of Texas has ruled that there is no constitutional right to life

that should clear up a lot of currently volatile political issues down there.

[Nikki Stone1]

33. What, only fetuses have a right to life?

(But then we always knew the fetus thing was about slamming women...)

[undeterred]

32. In Texas Life is cheap- Bush will mock the baby if he hears of it.