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WINNIPEG - The family of an 84-year-old Orthodox man who is on a life-support system has been victorious in the first round of its legal battle against the hospital which unsuccessfully tried to take him off the system some two-and-a-half months ago.
On Wednesday, Justice Perry Schulman granted an interim injunction that prevents doctors at the Grace Hospital here from removing Sam Golubchuk's life support, a move that would have violated his family's wishes and religious beliefs.
The hospital had taken the position that Golubchuk had minimal brain function and the decision to remove him from life support ought to be made solely by treating physicians, and not the courts.
However, Schulman ruled that, on the contrary, in a situation where doctors make a decision to remove a patient's life support without the family's consent, there is a role for the courts to play in adjudicating the factual and legal issues in dispute.
The injunction will remain in place until the case goes trial, during which the family will present two medical experts who dispute the hospital's position that Golubchuk has minimal brain function.
In the meantime, Schulman has ruled the hospital is required to provide Golubchuk with antibiotics, blood transfusions, and CPR in the event that such a need arises.
Schulman also ruled that a copy of his court order was to be attached to Golubchuk's medical chart to ensure that every doctor, nurse, and health care worker properly abide by it.
Miriam Geller, Golubchuk's daughter, said: "Our dad would be very proud of us [myself and my brother] for fighting to keep him alive."
Her brother, Percy Golubchuk, stated: "This decision isn't just for my dad, but for every elderly or handicapped person. It's not just a decision for a Jewish person, but for everyone."
Golubchuk added: "Doctors don't always know everything. God is the top doctor. Doctors are just his assistants."
Neil Kravetsky, the family's lawyer, said that the case will continue even if Golubchuk were to die before a trial was held, "because we have filed a civil lawsuit for damages" based on the hospital's behavior.
Kravetsky noted that "Golubchuk's condition improved some weeks ago and since then it is much the same. He is awake and is slowly being weaned off life support."
In his decision, Schulman ruled that a patient has the right to be free from medical treatment to which the patient does not consent.
He said that the removal of Golubchuk's life support would involve "an interaction" with his body, and would necessitate giving him narcotics when he was taken off his ventilator.
He found that the decision to remove a patient's life support without his consent violates the patients's right to have control over his bodily integrity.
However, Schulman said that Golubchuk's right to control his bodily integrity is not absolute, and can be reasonably limited in a free and democratic society.
The ultimate question before the court at trial will be whether it is a reasonable in this case for the hospital to limit Golubchuk's right to control his bodily integrity by removing his life support.
Orthodox family wins life-support battle in Canada
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