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Texas Supreme Court rebukes hospital that tried to kill 20-month-old baby on life support
lifesitenews ^ | 10/20/2020 | Texas Right to Life

Posted on 10/20/2020 7:48:49 PM PDT by xomething

(Texas Right to Life) — The Supreme Court of Texas (SCOTX) delivered more time to Baby Tinslee Lewis, an ill 20-month-old in a Fort Worth hospital. Through a long legal battle, Cook Children’s Medical Center has sought to impose death on this baby since last November. Thus far, the courts have ruled in favor of Trinity, Tinslee’s mother, who is fighting for the life of her precious daughter.

Cook Children’s asked SCOTX for permission to withdraw the toddler’s life-sustaining treatment while the 10-Day Rule is argued in court. SCOTX declined the petition, and Tinslee will continue to receive treatment. Judges matter…they matter to Trinity and to Baby Tinslee, and judges indeed impact the daily lives of people.

A single judge in Texas could have put a death sentence on Tinslee — without due process.

New Video Shows Baby Tinslee Movin...

Under the 10-Day Rule of the Texas Advance Directives Act (Section 166.046 of the Health and Safety Code), patients rendered futile face death by hospital committee—no trial, no second opinion, no due process. The death of the patient is hastened because the committee feels that his or her quality of life is too low

Baby Tinslee is almost two years old and struggles with a congenital heart condition. In November 2019, Cook Children’s Medical Center in Fort Worth moved to withdraw her treatment, including a ventilator, without which the young child would die. Baby Tinslee’s mother would not acquiesce to the hospital, so Cook invoked the statutory 10-day process to euthanize the child.

The first judge protected Baby Tinslee, but Cook has not relented, even though she is conscious and interactive when not sedated. Those moving to “end her [alleged] suffering” say she would not live long even with medical interventions. If that were so, why rush to kill her? If she or any other patient with a disability is actively dying, why hurry to withdraw treatment?

Baby Tinslee Lewis Sends shockwaves...

Advocates for disability rights have been asking these questions for decades.

In late July, the Court of Appeals for the Second District of Texas held the Texas futility law likely unconstitutional, thereby further protecting Tinslee. Cook Children’s Medical Center still persisted, hoping for a reversal by SCOTX of the appellate court’s ruling before a trial on the constitutionality of the 10-Day Rule.  

Disability advocacy organizations Not Dead Yet, National ADAPT, ADAPT of Texas, Protect TX Fragile Kids, and the Autistic Self Advocacy Network joined an amicus brief to SCOTX for Baby Tinslee. The brief was filed on October 8 by Texas health care and civil rights attorney Michelle Hayes, a practicing Catholic from Notre Dame Law School (the same school from which Amy Coney Barrett earned her law degree). Other signers of the brief are:

Two Texas Catholic bishops who have consistently rebuked the 10-Day Rule also signed the brief: Most Reverend Joseph E. Strickland, Bishop of the Diocese of Tyler, and Most Reverend René H. Gracida, Bishop Emeritus of Corpus Christi. Bishop Gracida cited then-Pope John Paull II: “Every medical action must always have its object — intended by the moral agent — the promotion of life and never the pursuit of death.” Address to the Italian Catholic Doctors Association (28 December 1978): Insegnamenti di Giovanni Paolo II, 1 (1978), 438.

Predictably, the Texas Catholic Conference of Bishops (TCCB), the lobbying and administrative arm for the Texas episcopacy, albeit with no canonical authority, sided with the hospital to euthanize Tinslee. The very church that prides herself on caring for the destitute and displaced has tightened ties to the pro-death medical lobby, smothering the disabled in that suffocating yoke. However, the TCCB can no longer present a unified position in support of the 10-Day Rule with Bishops Strickland and Gracida publicly opposing the law and working to protect Baby Tinslee’s Right to Life.

Catholic healthcare institutions constitute a concrete sign of the way in which the ecclesiastical community take care of the sick following the example of the Good Samaritan. Congregation for the Doctrine of the Faith, Letter “Samaritus bonus” on the care of persons in the critical and terminal phases of life (22 September 2020), n. 9. 

Baby Tinslee’s case now returns to the district court, which will consider these questions: 

The date of the trial has not been set by the 48th District Court over which Judge Sandee Marion presides. Cook Children’s must continue treating Baby Tinslee throughout the waiting period and the trial.

Tinslee’s case spotlights judicial philosophy; in other words, the judge could rule according to a strict interpretation of the Constitution and due process rights, or she may grant rights to a hospital to decide who lives and dies. There are many possible outcomes, but whatever decision is issued, this judicial decision will impact EVERY hospitalized patient in Texas.

A single judge could decide if Baby Tinslee lives or dies.

Judges matter.

Published with permission from Texas Right to Life.



TOPICS: News/Current Events; US: Texas
KEYWORDS: prolife; texas

1 posted on 10/20/2020 7:48:49 PM PDT by xomething
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To: xomething

WELCOME to FREE REPUBLIC


2 posted on 10/20/2020 8:26:19 PM PDT by easternsky
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To: xomething
FTA

"...why rush to kill her? If she or any other patient with a disability is actively dying, why hurry to withdraw treatment?"

$$$

3 posted on 10/21/2020 6:54:18 AM PDT by TangoLimaSierra (Your tagline sucked, so it was deleted - Admin)
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To: xomething

“Rebukes” them? No criminal indictments for attempted murder?


4 posted on 10/21/2020 7:29:26 AM PDT by Salman (Democrats. The *other* religion of peace..)
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To: xomething

Prayers for baby Tinslee and her mother.


5 posted on 10/21/2020 7:36:15 AM PDT by kalee
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To: xomething
Baby Tinslee’s case now returns to the district court, which will consider these questions:

- Are the rights of Baby Tinslee being violated?
- Should a hospital have unilateral authority to withdraw life-sustaining medical treatment from a patient against the will of the patient/surrogate?
- Do patients have any due process rights in these situations?
- Is the 10-Day Rule of the Texas Advance Directives Act unconstitutional?


While situations like this are never good, they're almost always framed to make the hospital look like the bad guy. Here's some more questions to get both sides of this:

- How long has baby Tinslee been there? Both since admittance date, and in this post-operation life sustainment mode?
- How much of the cost is the hospital bearing?
- Is the family even paying for anything? Is insurance paying anything, if the child even has any?
- If there's low to no hope of recovery, how many other children is the cost here, plus the room occupancy, preventing from being treated?
- Has the family even talked to other hospitals or care facilities that might be willing to take the child?
- If the court does rule 100% for the family/child, how long does the hospital have to provide (likely free) care to the child?
- If the hospital goes bankrupt because they end up with too many cases like this (because the court strikes down all of their options to kick out hopeless cases), are they still responsible for all the kids? (Yes, this is a facetious question. On purpose, to push the point above.)

What's with all the details on the Catholic bishops / TCCB positions? As far as I know, Cook's isn't a religiously-affiliated hospital at all, so what's the point there? They're no more involved than any other religion or medical group..?
6 posted on 10/21/2020 6:30:32 PM PDT by Svartalfiar
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To: TangoLimaSierra
FTA

"...why rush to kill her? If she or any other patient with a disability is actively dying, why hurry to withdraw treatment?"

$$$


It's a non-profit. More likely, there's a long list of people wanting to go there, and hopeless cases burning limited $$ and occupying space means that fewer other kids can be treated.

If every single case like this was held at the hospital for weeks or months on end, just waiting, would you be crying about all the kids who die from not getting treated at all?
7 posted on 10/21/2020 6:34:46 PM PDT by Svartalfiar
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