Canadian court rules baby must die as it decides, not as the parents request
This is sure to revive talk of death panels. And I’m afraid I simply don’t understand the reasoning here. But it is a stark example of the state making decisions that should be left to the people involved – in a free country, that is.
A Windsor, Ont. couple’s fight to bring their gravely ill baby home to die ended in bitter tears Thursday when a Superior Court judge dismissed their appeal to stop doctors from removing the infant’s breathing tube at the hospital.
The father and relatives of one-year-old Joseph Maraachli wept outside a London courthouse after an emotional Justice Helen Rady upheld the earlier decision of an independent provincial tribunal forcing the baby’s parents to comply with doctors’ orders.
With all of their legal avenues exhausted, the family will have to say goodbye to Joseph Monday morning — on Family Day — when his breathing tube will be removed.
Apparently the baby has a rare neurological disease which has put him in a “severe and deteriorating neurological condition that has left him in a persistent vegetative state, according to specialists in London, Ont., who’ve examined him. “
Bottom line, the child is dying. It is now to the point where the baby can’t swallow or breath on his own. The parents know and understand that. They know the child will die. They’re not asking the state to try and save their baby. Instead, what they are asking – what they have to ask, apparently – is permission of the state to take their child home and let the baby die among "friends and loved ones".
Pretty outrageous request, isn’t it? And yet they don’t have the final say.
The parents had petitioned the regional medical board for a tracheotomy to be performed on the child to facilitate their ability to take him home with them. That would have opened up a direct airway which would have made it possible to take the baby home and let it die there.
Oh, too much to ask apparently. Remember, the baby is dying. It’s going to die. There’s no question about that – everyone involved knows it will be dead in a matter of hours if not days. The parents are not asking for heroic or extended (and expensive) treatment be continued. Just a tracheotomy.
The reason given for the refusal?
But doctors refused to perform the procedure, citing serious risks of infection, pneumonia and other possible complications.
It’s a bit like refusing a lung cancer patient with stage 4 cancer a final cigarette because it might kill them. The reason is absurd on its face. But apparently enough that a judge decided for the state and not the parents. So instead of risking infection or pneumonia and letting the parents take their child home to die, the state insists on removing the breathing tube in the hospital and letting the child smother to death there.
Maraachli and Nader went before the Consent and Capacity Board of Ontario, an independent body that deals with matters under the Health Care Consent Act, which sided with the doctors in late January and agreed that it was in Joseph’s best interest to have the breathing tube removed.
Don’t you love it when something called the “Consent and Capacity Board” has the final say on what is in the “best interest” of a child, rather than the parents?
Given the structure and effect of this monstrosity called ObamaCare, that is the probable end state we’ll eventually see here – an insurance industry which will collapse and in answer to the “problem” which government created, a single-payer system will be implemented. And you can bet that something along the line of the “Consent and Capacity Board” will eventually take all such decisions out of your hands and make them exclusively the decision of the state.
(HT: All American Blogger)