I am so pessimistic for so many reasons about the likelihood of any meaningful healthcare reform being accomplished in this country.Somebody's paying for this and it's not the Gonzales family.
By PAUL J. WEBER
AP
AUSTIN (March 21) - A dying toddler facing removal of his life support system received a reprieve Tuesday when hospital officials agreed to keep his breathing device running until at least April 10.
The decision came hours after attorneys for Emilio Gonzales, a 16-month-old who doctors believe has Leigh's disease, filed a temporary restraining order request to prevent removal of his life support. Gonzales, who has been at Children's Hospital in Austin since December, was scheduled to be taken off life support Friday.
The deadline extension also came hours after Catarina Gonzales, Emilio's mother, appeared at the Capitol with lawmakers who support a bill that would prohibit hospitals from stopping life-sustaining treatment while a family pursues a transfer or other care.
Under the current law, doctors are obligated to give only 10 days notice before withdrawing treatment when further care is deemed medically futile, even over the wishes of the patient and family.
"It's very good news because it give us more time," said Jerri Ward, the Gonzales family attorney.
A spokeswoman for Seton Family of Hospitals confirmed the extension and said the two sides agreed to keep each other apprised of efforts to find a facility for Emilio.
Doctors believe he is suffering from a degenerative neurological disorder causing his brain tissue to die.
The fight between the Gonzales family and the hospital underscores legislation filed in the House and Senate that would prevent hospitals from stopping treatment while a transfer to a new facility or doctor is pending.
"I know my son is going to die," Catarina Gonzales at the Capitol before the extension was granted. "I just want him to go as natural as he can. Not by someone telling me that we're going to take him off the ventilator because there's no use."
Michael Regier, general counsel for the Seton Family of Hospitals, said the toddler is in seizures half the time and has no purposeful movement. Catarina Gonzales said Emilio reacts to speech and is not brain dead.
State Rep. Bryan Hughes, R-Mineola, said that while he is respectful of doctors' opinions and hospital resources, no one but the family or patient should decide when to pull the plug.
"Ten days is not long enough for a patient in these circumstances," said Hughes, who is trying to pass the House bill.
The current 1999 law is increasingly under fire from patient advocates, disability rights groups and Texas Right to Life, best known for its anti-abortion efforts.
Texas is one of the few states with a timetable for cutting off a patient's life-sustaining treatment, according to studies cited by activist groups.
Under the current law, a doctor's decision to refuse a family's wishes to continue life-sustaining treatment is subject to review by a hospital ethics or medical committee. The patient and family get 48 hours' notice of the meeting.
Hughes' bill remains in committee awaiting an unscheduled hearing.
Copyright 2007 The Associated Press.
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