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The federal law President Bush signed to prolong Terri Schiavo's life in Florida appears to conflict with a Texas law he signed as governor, attorneys familiar with the legislation said Monday.
The 1999 Advance Directives Act in Texas allows for a patient's surrogate to make end-of-life decisions and spells out how to proceed if a hospital or other health provider disagrees with a decision to maintain or halt life-sustaining treatment.
If a doctor refuses to honor a decision, the case goes before a medical committee. If the committee agrees with the doctor, the guardian or surrogate has 10 days to agree or seek treatment elsewhere.
Thomas Mayo, an associate law professor at Southern Methodist University who helped draft the Texas law, said that if the Schiavo case had happened in Texas, her husband would have been her surrogate decision-maker. Because both he and her doctors were in agreement, life support would have been discontinued.
The 1999 Law Signed by Governor George Bush
www.capitol.state.tx.us...
Baby dies after hospital removes breathing tube; Case is the first in which a judge allowed a hospital to discontinue care
The baby wore a cute blue outfit with a teddy bear covering his bottom. The 17-pound, nearly 6-month-old boy wiggled with eyes open, his mother said, and smacked his lips.
Then at 2 p.m. Tuesday, a medical staffer at Texas Children's Hospital gently removed the breathing tube that had kept Sun Hudson alive since his birth Sept. 25. Cradled by his mother, he took a few breaths, and died.
"I talked to him, I told him that I loved him. Inside of me, my son is still alive," Wanda Hudson told reporters afterward. "This hospital was considered a miracle hospital. When it came to my son, they gave up in six months. ... They made a terrible mistake."
Everyone is talking about Terri Schiavo, but no one is talking about the laws, what will become of them, what will happen if the unprecedented occurs and the Federal Government is suddenly able to over rule State laws? Pay attention people, there is alot more to the Terri Schiavo story than Terri Schiavo herself. Please read the full links, i've abbreviated for condensation.
From the Article
Sun's death marks the first time a U.S. judge has allowed a hospital to discontinue an infant's life-sustaining care against a parent's wishes, according to bioethical experts. A similar case involving a 68-year-old man in a vegetative state at another Houston hospital is before a court now.(emphasis mine)
Originally posted by worldwatcher
Everyone is talking about Terri Schiavo, but no one is talking about the laws, what will become of them, what will happen if the unprecedented occurs and the Federal Government is suddenly able to over rule State laws? Pay attention people, there is alot more to the Terri Schiavo story than Terri Schiavo herself. Please read the full links, i've abbreviated for condensation.
A baby quietly dies after taken off of life support against his parents wishes
Baby dies after hospital removes breathing tube; Case is the first in which a judge allowed a hospital to discontinue care
The baby wore a cute blue outfit with a teddy bear covering his bottom. The 17-pound, nearly 6-month-old boy wiggled with eyes open, his mother said, and smacked his lips.
Then at 2 p.m. Tuesday, a medical staffer at Texas Children's Hospital gently removed the breathing tube that had kept Sun Hudson alive since his birth Sept. 25. Cradled by his mother, he took a few breaths, and died.
"I talked to him, I told him that I loved him. Inside of me, my son is still alive," Wanda Hudson told reporters afterward. "This hospital was considered a miracle hospital. When it came to my son, they gave up in six months. ... They made a terrible mistake."
Terri Schiavo's case is no longer about a single individual, the outcome of her case will now affect all Americans. Pay attention people.
"His chest cavity and lungs will never grow. He is slowly suffocating," doctors said in court papers. "It would be unethical to continue with care that is futile and prolongs Sun's suffering."
But his mother, 33-year-old Hudson, said she doesn't believe in sickness or death, and her son just needs time to grow.
She has interrupted court hearings with rambling outbursts and talked about how she communicates with Sun telepathically. She testified that she spent three days in a psychiatric hospital after his birth because doctors were alarmed that she was calling her child the human embodiment of the sun.
Because of concerns about her mental competence, the hospital is paying her legal fees to guarantee her interests are protected.