MedicRN Posted March 2, 2006 Posted March 2, 2006 The parents of a 2-year-old boy who nearly drowned won a temporary reprieve Wednesday in their battle to keep Wesley Medical Center from pulling the plug on their son's life support. District Judge Timothy Lahey ordered Wesley to provide medical care and barred doctors from removing life support until at least March 21, when he will revisit the case. Lahey also refused a request by the hospital and doctors to order -- against the parents' wishes -- a brain viability study and other tests to determine whether Brett Shively Jr. is brain dead, as his doctors believe. The boy has been in the hospital since he nearly drowned in the family bathtub Feb. 4. Lahey called the situation tragic and said he has found no other case in law quite like it to guide him. He said the boy's health would not be jeopardized by his rulings. Brett and Yvonne Shively took the case to court after hospital officials wanted to do more tests, even against their wishes, when an electroencephalograph, or EEG, as well as magnetic resonance imaging showed no brain activity. Neurologists and other doctors want to do more extensive testing, such as injecting isotopes to see whether the brain is getting any blood, before they declare him brain dead. "The reason we don't want the test is their intentions for wanting the test -- so they can say it is a done deal," Yvonne Shively said after the hearing. "We refuse as parents to give up that right to say what is best for our child." Neither doctors nor hospital officials have directly asked the court to order the life support removed, and the hospital is gathering home life support equipment and doing medical care procedures to send the unresponsive boy home, where his parents will care for him. But three doctors who treated the boy testified Wednesday that he shows no electrical activity in the brain. Asked what he would do if additional test results indicated Brett was brain dead, physician Lindell Smith replied: "We don't treat dead patients, so there is no further care. If he is dead, I don't continue caring for him." The boy's parents are praying for a miracle. "I believe he is alive and I believe he will recover completely," his mother, 26, said. "All we are asking for is time, the opportunity for his body to heal." His 25-year-old father added, "We are standing by our faith, and believing God is bigger than man." The court hearing was the first time the hospital could comment publicly on the case. The hospital's attorney, John Gibson, told the judge that the hospital and doctors are not on different sides from the family -- they only have different ideas on how they should proceed. "No one wants this to be adversarial. Everyone wants to do what is right," said Holly Dyer, the attorney representing the doctors named in the suit. They are trying hard to find a balance between the parents' rights and the ethical concerns of doctors about keeping a brain-dead patient on life support, she said. But Bradley Sylvester, who represents the parents, told the court that Brett Jr. was getting the medical care he needed without the testing that his parents have refused. "Right now there is a rush to judgment to get the test done so doctors will be free of responsibility," he said. http://www.kansas.com/mld/kansas/news/loca...ontent=kan_news
Just Plain Ruff Posted March 2, 2006 Posted March 2, 2006 Holy Crap batman this post makes me cry Hooray for the parents. And hooray for the judge to rule the way he did.
medik8 Posted March 2, 2006 Posted March 2, 2006 Wow... :? What a tough situation. It has to be so incredibly hard to let something so precious go. It's obvious these parents are holding on to that last little bit of hope, for one shred of a possibility for a miracle. I sincerely hope I never have to feel the pain of losing a child, or even worse, of fighting to try to hold on to one. It's hard enough when they're not mine. Kinda makes you want to count your blessings and quit sweating and complaining about the small stuff, huh? Reality check... It's kinda funny how life throws you little reminder wake up calls about the important things...that's two I've had in the last two days. One personal, one in print. Either way...same effect... 8
AZCEP Posted March 2, 2006 Posted March 2, 2006 Most clinical guidelines would tell you to re-evaluate interventions for effectiveness and discontinue those that are shown to be ineffective. How could you, in good conscience, continue to allow anyone to languish on life support for this long? After nearly a month, with no signs of improvement, it is time for the difficult decision to be made. Could be the parents are missing that God has already made his decision? The soul of this child is already gone. Keeping his body alive, while waiting for his mind/soul to return could be considered cruel.
nsmedic393 Posted March 2, 2006 Posted March 2, 2006 No one can make the nervous system regenerate. The damage has been done and I think that weather the parents know it or not the best tihing would be to realise that their miracle is not going to happen, to let him go and get on with the grieving process. The sad reality is that he is already dead.
kemt217 Posted March 2, 2006 Posted March 2, 2006 While I hope I am never in this situation, they need to let go. I do feel sympathetic put if there is no electrical activity and he is truly brain dead, then no amount of time will change the outcome. Losing one of my children is my biggest fear. I pray it never happens. I thank God everyday for my children, my husband and my life. Just another good example as was stated not to sweat the small stuff.
PrissyEMT Posted March 2, 2006 Posted March 2, 2006 That is such a tough situation to be in, and I hope I'm never faced with it myself. If he's brain-dead, I don't think it's fair to keep him on life support if there's been no improvement in his condition over the last month. I know if I were actually faced with this situation, that decision would be incredibly difficult to make, but I don't think I could let my child remain on life support for so long being brain-dead. I can understand being hopeful that he'll get better, but the reality of it is that he likely won't.
Ridryder 911 Posted March 2, 2006 Posted March 2, 2006 Wow... How many cases have we seen that people have actually "awakened" after periods of coma. What is the hurry ?. Is it financial reason for the hospital, is it they think what is best ? Scary, that we are going to allow "so called experts" to decide when it is time to let go. It has been just a month.... kinda fast to make such decisions. True, it will probably have a tragic outcome medically, yet what an arrogant anus attitude of a physician statement ""We don't treat dead patients, so there is no further care. If he is dead, I don't continue caring for him." Hopefully, he will never find himself in a tragic situation. Sounds like the vultures are circling, what the residents have had enough of practicing skills, or running test or did his HMO run out ? It does appear the physician needs a dose of compassion and humanity, and maybe start addressing the families needs of grieving and maybe turn to counseling planning of termination of care should be their emphasis. Be safe, R/R 911
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