Baby Gabriel |
An emergency court case apparently has prompted a hospital in Tennessee to continue to provide treatment to a sick baby officials had threatened to disconnect from
a respirator even though attorneys for his mother described him as "alert, active and responsive."
"Baby Gabriel" is being treated at East Tennessee Children's Hospital for vascular problems he developed after procedures the hospital performed on him in October.
According to the Alliance Defense Fund, the child was born prematurely in January with a genetic abnormality, clubfoot and narrow airway, but he flourished after he went home in June.
His mother, Catherine Palmer, took him to ETCH's emergency room in October because of breathing problems. After being treated, he went into shock and was placed on a respirator.
The ADF confirmed ETCH recently began giving up on Gabriel's care. On Nov. 13, Dr. Kevin Brinkman told Palmer the hospital was going to stop feeding him milk and giving him his medications, as well as disconnect his respirator, because the staff considered his care "futile."
"After doctors decided that Baby Gabriel was not worth treating, ETCH started discriminating against him by denying his basic care," according to the ADF. "Staff stopped bathing him, ceased applying cream to alleviate his chapped skin, reduced his diaper changes, and have not allowed his physical therapy. ETCH doctors have also discouraged Palmer's attempts to have her son transferred to other medical facilities where he could receive treatment."
Brinkman said a formal "ethics panel" was meeting today to make the decision on Gabriel:
ADF officials said, however, the ethics panel instead reversed the doctors' determination after the physicians changed their position.
"The ethics panel formally agreed not to withdraw his care," the organization said this afternoon. "ADF attorneys are withdrawing their motion for temporary restraining order but will not withdraw the complaint until a written agreement is finalized."
ADF Legal Counsel Matt Bowman said he's pleased with the ethics panel's decision and looks forward to full resolution in writing so the baby's life will no longer be in danger.
The ADF sent a letter to the hospital Friday urging officials to continue the infant's treatment and followed with a complaint and petition for restraining order and injunction.
The legal challenge cited Tennessee's law that allows the mother "to decide medical care for her infant son."
Hospital officials did not return a WND message asking for comment.
WND has reported similar cases, including the high-profile ordeal of Terri Schiavo, who died in March 2005 after her parents unsuccessfully battled a court order to stop caretakers in Florida from giving her food and water.
Terri Schiavo |
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A priest who was with Schiavo during her final hours later told WND society has it all wrong – because it does not understand the difference between a futile treatment and a futile life.
Father Frank Pavone of Priests for Life said even healthy people, if brain-injured, are in danger under the current precedent of cases.
"Terri left no indication that she wanted to be deprived of food and water. Yet the courts insisted that this happen. Nor was Terri lacking a family ready to care for her, without complaint. Yet they were not allowed to," he said.
"Many people fear that they will be given all kinds of machines and medicines against their will," Pavone told WND. "What they should fear is exactly the opposite, namely, that even when they indicate that they want appropriate treatments, these will be denied them."
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