Pure
Fiel a Verdad
- Joined
- Dec 20, 2001
- Posts
- 15,135
Texas law on right to live and right to die says, essentially, that the hospital may make the decision to terminate treatment/life-support, regardless of relatives' wishes or patient's living will, though the latter has some weight.
Last week, a 5 month old, Sun Hudson, was so terminated against his mother's wishes.
What do people think of this Bush approach to 'right to life'?
Even as Doctors Say Enough, Families Fight to Prolong Life
By PAM BELLUCK
New York Times
Published: March 27, 2005
BOSTON, March 26 - For years, when families and hospitals fought over how to treat critically ill patients, families often pressed to let their loved ones die, while hospitals tried to keep them alive.But in the last decade or so, things have changed.Now, doctors and ethicists say that when hospitals and families clash, conflicts often pit families who want to continue life support and aggressive medical care against doctors who believe it is time to stop. [...]
...at least three states, Texas, Virginia and California, have laws that let doctors refuse treatment against the wishes of a family, or even a patient's advanced directive in certain circumstances. In other states, like Wisconsin, doctors are seeking such laws.
The Texas law, signed in 1999 by Gov. George W. Bush, allows doctors to remove life-sustaining treatment over the objections of families, provided an ethics committee agrees and the hospital gives the family 10 days to see if another facility will accept the patient. Dr. Robert L. Fine, an author of the law and the chairman of the clinical ethics committee at Baylor University Medical Center in Dallas, said that life support could be withdrawn even if a patient's living will specified otherwise, but that ethics committees would give great weight to such a document.
Virginia's law is similar; California's is much vaguer, saying physicians cannot be required to provide health care contrary to generally accepted health care standards. Now, in most disputes in Texas, "families look for an alternative willing to provide care and if none is available they say, 'O.K., it's time to stop,' " Dr. Fine said.There have been two recent exceptions.
Last week, Sun Hudson, a 5-month-old, died after a judge gave Texas Children's Hospital in Houston permission to disconnect his ventilator over the objections of his mother.
And last Sunday, the case of Spiro Nikolouzos, 68, was resolved when his family, who fought a Houston hospital's plan to remove his ventilator, found a nursing home to accept him.In the absence of laws like Texas's, hospitals often accede to a family's wishes because they fear being sued. They are reluctant to go to court because judges often rule that even if the hospital's assessment is correct, families' claims of what patients would have wanted take precedence. And doctors and ethicists in many states have not lobbied for a Texas-style law because of expected opposition from right-to-life advocates.
[... examples shifted in order]
"When [families are] asking for things that become absolutely nonsensical, then you don't have to do it anymore," said Dr. Kay Heggestad, who is the chairwoman of the ethics committee of the Wisconsin Medical Society and is helping draft a "futile care" bill in her state. "If someone marches into my office with normal kidney function and demands dialysis, I am not required to offer that."
Recently, several life-support requests have landed in court.
In October, when doctors at a hospital in Salt Lake City declared 6-year-old Jesse Koochin brain dead and planned to remove life support, Jesse's parents, Steve and Gayle Koochin, went to court. A judge ruled against the hospital and granted the Koochins the right to take Jesse home, where they kept him on a ventilator and said they were convinced that he could get better with alternative medical treatments. A month later, Jesse died.
[...] last November in Orlando, Fla., Alice Pinette insisted that her husband, Hanford, stay on life support even though his living will said he would not want to. A judge sided with the hospital, which removed the ventilator, and Mr. Pinette, 73, died.
"Medical advances give people greater expectations, and they're not willing to accept that death is inevitable; somebody somewhere can save Mom," said Dr. Forrow, of Beth Israel in Boston. "They have way more belief that the decision about that is partly up to them: my business, my body, my mom's body. Fifteen years ago, it was the doctor's purview alone.
"Some are wary that doctors may be truncating treatment because of soaring medical costs, and Dr. Dianne Bartels, associate director of the Center for Bioethics at the University of Minnesota, said: "Sometimes there's also mistrust of the medical system. A doctor might have said, 'Your husband's never going to make it,' and he's already survived two or three times, so why should they believe the doctor?"
[end excerpts]
Last week, a 5 month old, Sun Hudson, was so terminated against his mother's wishes.
What do people think of this Bush approach to 'right to life'?
Even as Doctors Say Enough, Families Fight to Prolong Life
By PAM BELLUCK
New York Times
Published: March 27, 2005
BOSTON, March 26 - For years, when families and hospitals fought over how to treat critically ill patients, families often pressed to let their loved ones die, while hospitals tried to keep them alive.But in the last decade or so, things have changed.Now, doctors and ethicists say that when hospitals and families clash, conflicts often pit families who want to continue life support and aggressive medical care against doctors who believe it is time to stop. [...]
...at least three states, Texas, Virginia and California, have laws that let doctors refuse treatment against the wishes of a family, or even a patient's advanced directive in certain circumstances. In other states, like Wisconsin, doctors are seeking such laws.
The Texas law, signed in 1999 by Gov. George W. Bush, allows doctors to remove life-sustaining treatment over the objections of families, provided an ethics committee agrees and the hospital gives the family 10 days to see if another facility will accept the patient. Dr. Robert L. Fine, an author of the law and the chairman of the clinical ethics committee at Baylor University Medical Center in Dallas, said that life support could be withdrawn even if a patient's living will specified otherwise, but that ethics committees would give great weight to such a document.
Virginia's law is similar; California's is much vaguer, saying physicians cannot be required to provide health care contrary to generally accepted health care standards. Now, in most disputes in Texas, "families look for an alternative willing to provide care and if none is available they say, 'O.K., it's time to stop,' " Dr. Fine said.There have been two recent exceptions.
Last week, Sun Hudson, a 5-month-old, died after a judge gave Texas Children's Hospital in Houston permission to disconnect his ventilator over the objections of his mother.
And last Sunday, the case of Spiro Nikolouzos, 68, was resolved when his family, who fought a Houston hospital's plan to remove his ventilator, found a nursing home to accept him.In the absence of laws like Texas's, hospitals often accede to a family's wishes because they fear being sued. They are reluctant to go to court because judges often rule that even if the hospital's assessment is correct, families' claims of what patients would have wanted take precedence. And doctors and ethicists in many states have not lobbied for a Texas-style law because of expected opposition from right-to-life advocates.
[... examples shifted in order]
"When [families are] asking for things that become absolutely nonsensical, then you don't have to do it anymore," said Dr. Kay Heggestad, who is the chairwoman of the ethics committee of the Wisconsin Medical Society and is helping draft a "futile care" bill in her state. "If someone marches into my office with normal kidney function and demands dialysis, I am not required to offer that."
Recently, several life-support requests have landed in court.
In October, when doctors at a hospital in Salt Lake City declared 6-year-old Jesse Koochin brain dead and planned to remove life support, Jesse's parents, Steve and Gayle Koochin, went to court. A judge ruled against the hospital and granted the Koochins the right to take Jesse home, where they kept him on a ventilator and said they were convinced that he could get better with alternative medical treatments. A month later, Jesse died.
[...] last November in Orlando, Fla., Alice Pinette insisted that her husband, Hanford, stay on life support even though his living will said he would not want to. A judge sided with the hospital, which removed the ventilator, and Mr. Pinette, 73, died.
"Medical advances give people greater expectations, and they're not willing to accept that death is inevitable; somebody somewhere can save Mom," said Dr. Forrow, of Beth Israel in Boston. "They have way more belief that the decision about that is partly up to them: my business, my body, my mom's body. Fifteen years ago, it was the doctor's purview alone.
"Some are wary that doctors may be truncating treatment because of soaring medical costs, and Dr. Dianne Bartels, associate director of the Center for Bioethics at the University of Minnesota, said: "Sometimes there's also mistrust of the medical system. A doctor might have said, 'Your husband's never going to make it,' and he's already survived two or three times, so why should they believe the doctor?"
[end excerpts]
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