"...the Texas bill that allows health care providers to end a human life despite the wishes of the patient and the patient's family was signed into law in 1999 by President George W. Bush as Texas Governor. However, in 2005, he rushed back to the White House from Easter vacation to sign a bill rushed through Congress which was designed to save the life of Terri Schiavo because of his "presumption in favor of life"."
www.northcountrygazette.org/articles/042406HoustonLife.html [
link to www.northcountrygazette.org]
Houston Hospital Votes To End Woman's Life With Bush Law
Originally Posted - April 24, 2006
HOUSTON---The countdown has begun on the life of Andrea Clark, a patient at St. Luke's Hospital.
Six days left. (Now FOUR, based on the article date. - BMG)
No, she's not terminal, her family says and she's not brain dead. Her sisters say that she wants to live. The Houston hospital is going to unilaterally remove a woman from life support, apparently based on the decision of a lone physician even though her family wants her to continue to receive care.
The central issue in the Andrea Clark case is the same as that in the Terri Schindler Schiavo case, whether the state should be able to sanction the removal of a human being from life support.
What's even more significant in the Clark case is that the Texas bill that allows health care providers to end a human life despite the wishes of the patient and the patient's family was signed into law in 1999 by President George W. Bush as Texas Governor. However, in 2005, he rushed back to the White House from Easter vacation to sign a bill rushed through Congress which was designed to save the life of Terri Schiavo because of his "presumption in favor of life".
The hospital's ethics committee has apparently decided they don't want Andrea Clark to receive care anymore, saying its futile, and has recommended that she be removed from life support despite her family's wishes. If her family can't find another hospital to transfer her to by Sunday, April 30, she will be removed from her respirator and dialysis and die.
Andrea Clark, 54, has been a heart patient at the hospital since November. In January, she underwent open heart surgery and in February, she developed bleeding on the brain.
Clark's sisters, Lanore Dixon and Melanie Childers, point out that under a little known Texas law, a self-appointed ethics committee can decide to forcibly remove care from a patient. Once that decision is made, the patient and family have 10 days to find another hospital to provide care for their family member.
But they say the law also requires that the attending physician help with the transfer which they say hasn't been done in Andrea's case. They say that the hospital has unlawfully and unjustly transferred responsibility to them, a denial of due process.
Andrea's sisters are racing to beat the clock but say the hospital is working against them. Although the obscure 1999 Futile Care Law that gave hospitals the authority to remove patients from life support despite the patient's and family wishes says once such a decision is made that the hospital must provide the patient's family with a list of hospitals where the patient could be transferred, St. Luke's hasn't done that. The sisters also claim that the hospital social worker exaggerated the seriousness of Andrea's condition, exaggerating the level of care that is needed in an alleged attempt to discourage other hospitals from admitting her as a patient. [
link to www.capitol.state.tx.us]
[
link to www.northcountrygazette.org]
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