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A mother who objects to a hospital’s request for orders that would effectively allow her to place her severely brain-injured son in palliative care has appealed to Superior Court to “give her time.”
Her son, who doctors say has been in a vegetative state since suffering catastrophic injuries in a road collision over the summer, and from whom they believe he will not make a significant recovery, is “a fighter,” he said.
The boy is her youngest son, all she wants is the best for him and he wants to be home, she told Superior Court President Judge Mary Irvine on Thursday.
“I know he can’t speak, but he has a heartbeat and a pulse.”
“It’s too early for him,” he said, adding that he would like more time.
She is his 24/7 caregiver, he said, and it was like caring for a newborn baby.
“He is my son. I want the best for him. Give it time. He overcame it all. It just takes a long time. “
The boy’s father, who is separated from the mother, said both parents wanted their son to have more time. When the child hears his voice, he opens his eyes, he said.
“You need time. That is all you need. “
Judge Irvine is holding a hearing to decide whether or not to grant the orders requested by the hospital.
As a result of the dispute between the parents and the hospital over what is in the best interest of the child, orders are being sought in guardianship proceedings.
Parents objected to guardianship. The judge earlier this week decided that the boy should be placed under guardianship and will give the reasons for that decision later.
The judge has received several medical reports, including from doctors outside the hospital who were asked by the child’s court-appointed guardian for their opinion on the orders requested.
Earlier this week, three doctors gave evidence that they believe the child is in a vegetative state, that he will not recover significantly, and that his best prognosis would be to move to a minimally conscious state. A neurologist who is part of the boy’s treatment team said she is 90 percent sure the boy is experiencing pain as a result of dystonic episodes.
The boy’s parents say it is too soon after the accident to say what will happen in terms of recovery and they oppose orders that would effectively allow the hospital to administer a palliative care regimen and withhold life-prolonging interventions such as CPR if doctors consider that they are not. in the best interest of the child. His mother wants him to move home to be cared for by her and the nurses, or to take him to a nearby hospital.
The court has also heard that physicians have concerns that if, in the exercise of their clinical judgment, they do not apply invasive interventions when the parents so wish, that could expose them to legal action unless the court has made the requested orders.
The hearing was postponed to resume on Tuesday.
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