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Couple sues hospital for keeping sick baby alive
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CTV.ca News Staff
Date: Fri. Mar. 13 2009 10:23 PM ET
A Quebec couple is launching a lawsuit against Montreal Children's Hospital after their severely-ill newborn daughter was put back on life support without their consent.
In November 2007, Marie-Eve Laurendeau gave birth to Phebe Mantha at LaSalle Hospital.
Due to complications at birth, Phebe was transferred to Montreal Children's Hospital in critical condition and kept on life support.
Laurendeau and Phebe's father, Stephane Mantha, say doctors told them at that time that their daughter had little chance she'd survive.
If she did survive, doctors said she would probably be deaf, blind and may need to be institutionalized.
The couple was given the option to withdraw Phebe's life support and to withdraw artificial feeding.
They said they agreed to withdraw respiratory support and later, at the suggestion of doctors, to withdraw the artificial feeding.
"They say they thought that if there was never going to be quality of life for their baby girl then why let her suffer," CTV Montreal's Daniele Hamamdjian reported Friday after the parents held a press conference.
However, the hospital's ethics committee met and reversed the parent's decision without their consent or permission from a court.
After two-and-a-half months, Phebe was still alive and the hospital told the parents to take their child home or they'd place her in protective custody, Hamamdjian said.
Now, 15 months later, Laurendeau has been forced to quit her job to take care of Phebe full time.
Phebe is neither deaf nor blind. But she cannot hold up her head, sit up, or babble as another baby her age would, and she is fed through a hole in her stomach.
She does smile at her parents, though, a recent breakthrough they are thrilled with, CTV's Genevieve Beauchemin reported.
"They say they have no support and are living on one income," Hamamdjian said.
The couple's lawyer says the hospital violated Quebec law and that only the court should have the power to overrule the couple's decision.
A spokesperson for Montreal Children's Hospital refused to comment saying the matter was before the courts.
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Please let's not even entertain any protectionist responses to this issue. Canadian consumers go south to shop because of the cheaper prices. How about resorting to competitive pricing as a solution...that will keep Canadian shoppers at home.
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John
said
amy
said
ICU nurse, I have unfortunately seen many parents struggle with the decision to remove life support (i.e. respiratory support. I have however, never heard of parents being offered withdrawal of feeds. Normally feeds will be stopped, along with IV fluids, and any other medication when it is expected that the child will die once respiratory support is removed. If the child continues to breath on their own, to not resume feeds, well then it becomes a very different ethical issue. should the parents have been consulted prior to resuming of feeds? Absolutely. And if the parents were not informed prior, then this is a gross error in communication. Yes she would probably have died had they not resumed feeds, but it would not have happened for days, and she would have died of starvation, not her medical condition.
But a "wrongful life" lawsuit??
Nelly from calgary
said
I understand how hard it is to care for a child with disabilities, but i'm sure they could find some support. Again, they should be rejoicing that they have a baby girl to love and hold.
Dan From Woodstock, ON
said
Questioning
said
Andrea Martell
said
Scott R
said
Mo
said
Also keep in mind, some of the health issues may not become as apparently until later in the child's life. It's not correct to assume that that will happen, but based on the professional opinion they were given, they have to raise a child knowing that the child may develop some life-affecting disabilities in the near future.
This is probably one of the few times where I can say someone may need to be compensated for the emotional stress and troubles they've been put through.
Kathy
said
I have to correct what another poster said about Helen Keller. She was not "dumb" in either meaning of the word. She was highly intelligent and also could speak. The word "dumb" for the word mute is as old as Queen Victoria...quite outdated.
Amine Jubaili Montreal
said
The parents acted based on the doctors suggestions and the fact that the child had little chance of survival.
At that point, nobody knew the child would survive!
Kasey
said
Maria, your story is very inspiring and a prime example on how important it is to value every life. All the best to you.
Moonriver Way
said
Until you have had a child die in your arms - you have no right to comment
Jessica
said
anji
said
Maria
said
J
said
REcently in the news was the contraversy of "designer babies" this is even worse if we are supporting any action which supports letting a child potentially die because he/she isn't "normal".
Either the article is badly written or the parents are misrepreesnted, but there is no cause for a lawsuit, and if the parents are unable to take care of this child perhaps she should be with a foster or adoptive family who would welcome her and tend to her needs.
Living on one income is not a base for a law suit.
Jim McB
said
This is not a political issue, the committee was made up of individuals, and each of them should be held responsible for their decision that contravened the wishes of the parents. They knew exactly what they were doing and are being paid for making decisions and accordingly they should be held liable for their actions. The award from the court should be large enough to provide care for life for the child so the parents can return to a normal life.
Jessica
said
Eric in Montreal
said
And on top of that; Just because people are born with disabilities does not make them "disposable" at the parents request... How many people with major difficutlies have accomplished great achievements in history and what would have happened had their parents decided to take the easy way out and end it at their birth's...
Everyone wants to raise the jock or the genius but god forbid they give birth to a child with disabilities...
Hats off to families like that of "Kim from Winnipeg", "BillDerBuilder" and "Rob"!
korie
said
these people were given a choice (by doctors who made their best guesstimate on the health of the child) only to have a group strangers change the outcome. if i had a child born so ill that the doctors felt the need to give me an option, then i would not have kept the child alive either.
it is about the quality of life, not the quantity of life!
i agree with the parents to sue, what type of life is it to have a tube out of the stomach to feed, to have a child who is unable to sit up, to have a child who may be unable to speak. that is torture! not only to the parents but to the child as well. they made a hard choice, to let their child die with some dignity. i feel sadness for them because now they are forced to live with a child that they already said goodbye to and it is ruining their lives.
they made a choice but it wasn't honoured.
sue, sue for a lot! i hope that you win and the hospital committee will have to think about the consequences to their actions from here on in.
Maria
said
Becky
said
Grigory
said
TLP
said
The story now is not about the parents feeling sorry for themselves because they have to care for Phebe, it is about their rights and the law. They could have taken the easy way out and had Phebe put in "protective custody" and washed their hands of the whole matter. Instead, they are caring for her with limited financial resources, and were forced by the denial of their rights to do this. That doesn't change the fact that they love Phebe and appear to be thrilled with progress she has made.
I hope that they are successful in their legal action and the hospital that forced them into this position is held accountable.
Having a son with a life threatening medical condition and mental health problems, I very well may one day have to make the same sort of decision these parents had to make. I would hope that my family's wishes would be respected and our rights protected.
chuckie
said
Allison in Ont
said
The baby was expected to die and IF she were to live, would be seriously disabled the parents were told. THIS is why they chose to remove life support. by a Miracle, she did live, only because the hospital violated the parents right. Because their rights were violated, they have been reduced to one income. Thus, they are suing because the hospital made those decisions for them, not giving the parents the right to make the decisions.
Sure, the picture of the lil girls is gorgeous, we can't see the whole in her stomach... she is lying down so we can't see that she can't hold up her head, etc. I bet the family found the best picture of the lil darling for the media. I sure wouldn't try to find the worst picture of my baby to be posted on the national media...
Rob
said
Jeff
said
Today a child like this becomes an expensive "life sentence" for the parents who had already decided to let nature take it's course.
You cannot judge this case by the smiley picture in this news story. That is not fair to anyone.
The decision to intervene
was made by the Hospital ethics committee without the parents consent.The ethics committee (i.e. hospital) should be fully responsible for the costs of that decision plus the damage to the quality of life for those parents.
Anne
said
Shelley Gaudreau
said
Franklin Roosevelt. President of the US.
Steven Hawking. Mathematician.
Helen keller. Writer, educator.
Ray Charles, Musician.
to name just a few.
Kiki
said
Jen
said
People want to have children without any inconvenience. What is our world coming to???
This makes me wonder...how many babies, born or unborn, have died because a doctor told the parents things like there wouldn't be any quality of life, or that they would be disabled, etc, etc. And how many times would they have been wrong, had the poor child been given a chance at life??? This is so sad.
John@givephebeachance.ca
said
Angela
said
Terry
said
What some people would give just to have a child of their own!
Adam
said
I would encourage those parents to focus on the smile of their child and open their hearts to love in spite of the fact their child is not perfect. They were attempting to be spared of their own suffering, not sparing the child. Do they realize if they would win such a lawsuit how hospitals may no longer be advocates for life and many children will not receive the care they deserve because the hospital would be afraid of further litigation? Frightfully callous lawsuit!!! Please reexamine your motives parents for the sake of all disabled children.
BillDerBuilder
said
I am sorry to say, but you have no idea what you are talking about. I have a 5 year old handicapped grant child who is, looking at the picture more severly handicapped than this schild.
First of all, these special children are VERY,VERY" special. I would not want to miss this child for anything. Second of all the government does everything possible to help in whatever way they can. There are all kinds of porgram and Financial supports out there.
Next time you give your opinion, do your homework first. This from a loving Grandfather.
Zoe
said
"...Such a sweet looking angel. Although the article does not elaborate on the current health status of the child, she seems to be in perfectly good health. "
Am I looking at a diffrent article??? Obviously the child is sick, very sick.
Andrea - Regina
said
It would be a terrible thing to see your child suffer - look what it drove Robert Latimer to. Not everyone has the strength to get through something like that. I don't think we should be judging these parents but applauding them for recognizing what they can and can't handle. It's easy to judge from the outside, but I'm guessing the majority of people judging don't have a special needs child.
Catherine T.
said
kris
said
Devil's Advocate
said
Angela - Guelph
said
Yes this child may never be "fully" functional, but then what is "normal"?. Parenting is a tough job and even tougher under these circumstances, but I can't help thinking later in life how this child will feel about her parents suing the hospital on the argument that they should NOT have saved her LIFE!
Perhaps they should start a fund for the psychological therapy she is going to need later in life to deal with that.
It may sound like I am being flippent, but in all seriousness i am shocked at the position these people are taking...truely sad for this little human being.
Frank in Brampton
said
" oh we sued the hospital because we didn;t think you would survive. Go figure".
This little one is a gift.
Gail (Hamilton)
said
KJ in Kingston Ontario
said
Should work out fine then.
Let them see the ethics of getting involved first hand and personal -- and financial.
sls
said
Lindsay - Pigeon Lake, Ab
said
Perhaps instead of complaining that they must live on one income so that their child can be cared for full time, they should thank their lucky stars they even have that chance.
Celine - MTL
said
The parents are happy that she is not as unhealthy as doctors first told her they would be. They love her and care for her.
Amine Jubaili
said
ZL - Ottawa, Ontario
said
Lyle
said
Cheering for the Baby
said
And whoever made the comment about the child not living a "normal" life...what defines "normal"? Does it mean that you are not allowed life if you are disabled? Not of a certain grade-point average? Not pretty? Not able to sing?
Can't recite a poem?
Where will the critertia stop if you start thinking that some people deserve life and others do not?!
Who are you to decide that?
Maybe the best thing is if they DO take the child away from her parents: there are many people who will love her
and recognize that she has great worth, and would
appreciate this little jewel.
No one can say what her "disabilities" will be in the future, or what science and medicine might be able to do to help her.
There are such advances every day...how do we know that this little child isn't destined for great things, if she is just given a chance?
James
said
If society is imposing "morality" what then exactly was it that the child's parents were trying to impose?
Kurt
said
Celine - Montreal
said
Phebe still needs assisted feeding. She needs to be suctioned 10 times a day to remove secretions. She does not walk, can't sit up by herself and has already suffered 2 pneumonias. Her long-term development remains uncertain.
The parents are suing because the ethics committee did not respect the law and did not consult the parents. They wish to clarify the existing law in order to avoid similar cases.
Some French articles are more detailed and Radio_Canada aired a segment on this family in the show "Enquête".
It is easy to judge when we don't have all the facts or when we have never been through a situation ...
Doug BC
said
In ths case,the parents chose an option presented to them by the hospital. Since the hospital then decided to make another choice,they have to pay.
This,like the decision about terminating a pregnancy before a birth,IS NOT a decision for the courts,the government,or any other institution.
As difficult as it is to understand,and as much as I may disagree with decisions some others make,it is very clear that it is not my place to impose my decisions on anyone else.Nor their to impose theirs on me.
Michael
said
Children sometimes are born with health issues and sometimes serious problems. This case has the optics that the parents are not prepared to look after this child because it would mean hardship on them.
The hospital obvious felt that they needed to do all they could to preserve life with problems and all. The parents, it appears, weren't prepared for parenthood if it meant hardship for them. Where is the respect for the life of their child? Does the child have any say in this or representation?
Very troubling.
Dave in Regina
said
We were told at the time her survival was not good and that we had the option.
Our option was this .. my child will have every possible chance of survival and if it is God who takes here then fine, we were not going take that chance from her.
We are blessed with a child that brings happiness to our hearts every day and also to those that she works with and meets.
Do not let the doctors control life and death, let God control it.
I am not very religious but I know that God had a reason for letting my first daughter survive.
Let nature takes its course, do not try to divert it.
From what I see in the picture, I see my daughter. This child will bring happiness and joy to any one who will meet her.
Jacob in MTL
said
Yeah, the hospital shouldn't have reversed the decision - but at least consulted with parents and mention that there's hope.
The fact that the parents are suing a Children's Hospital (that is in major need of funding) and coming up with reasons why they can't care for the child...well, they should've kept their pants on!
MC
said
Linda M.
said
Jim in Edmonton
said
sami in oshawa
said
The hospital had no right to challenge the disition of the parents as it is the right of the gardian of the child as to what medical treatment a child recieves and if on the sugestion of the dr these parenets decided to whith hold life suport then the hospital had no right to put the child back on. that is the key point isnt it. not that the child seems to be off life suport now as seen in the picture it is the fact that she was put back on life suport which means she needed it and probably may need other suport devices that can not be seen in the picture. I dont see anything in the article saying that they dont care about there daughter or that they are not happy that she is alive. this is not a case of the ends justifying the means. Yes there are alot of blind/deaf people who go on to lead productive lives. The point is were do we draw the line, because if the hospital can change an order given by a parent or legal gardian of a child, spouse or elderly parent then why bother asking our permission at all. No one has the right to challenge the wishes or rights of a parent with out going threw proper legal chanels. This sets a presedent at to what power hospitals can and cant have when it comes to patient care. What next they can start pulling the plug on coma patients cause they need the beds?
Tams
said
SS
said
After that, I have to agree with those who think the couple has a case. Take all the emotion out of it, and you have a case of a hospital *reversing* a guardian's decision without their permission, or that from a court; then, they turn around and put this on the parents, who had probably already begun to grieve, like they were deadbeats if they didn't get on it. Since the hospital chose to make that call, I think they should at least be held to account for some aid.
Honestly, I'd really like to know more about the baby's actual condition before I could guess what the family has to go through. That would effect my opinion.
Joe - Trenton
said
My sister had to make this tough choice with her first child who was in a coma due to complications and had kidney failure. Doctors predicted that she would be a vegetable if she came out of this. My sister decided on letting fate decide and she pulled through with mild brain damage. But if the hospital made the decision to overthrow her I would expect my sister to get compensation because that wasn't her choice.
Mark
said
Baker, Ottawa
said
I hope that the child stuns them all and recovers fully.
Francois Giroux
said
The parent have to feed here by a "tube" connecting to her stomak !!
Alana
said
These decisions over life and death of your baby are extremely difficult. You do not have the luxury of hindsight to see if your decision was correct.
John in Calgary
said
Are the doctors still saying that she will have to be instatutionalized?
KJ in Kingston Ontario
said
island girl
said
Rob
said
Samantha In Winnipeg
said
Hannah
said
I am sure not one moment of this has been easy for this couple. Now they have this child they have to care for 24/7 for years and years and years to come. Winning this suit against the hospital will make it a little easier for this couple to do this with love as it will help to ease a bit of the stress.
The hospital should have had their ethics committee meeting before they spoke to these parents about their options.
Rick in NB
said
Annie Sullivan was also institutionalized by people who could not be bothered with her.
NBer
said
Kim
said
Anyone ever heard of Helen Keller?
Tracye - Alberta
said
Kim in Winnipeg
said
My husband and I have raised 3 children, now in their teens. We have done so while only having one income. We also have a child who needs special attention which is NOT covered by our health system. So WE paid for it, and continue to do so.
Chiara Smith
said
Michelle
said
Patricia
said
Tori
said
I guess my confusion is coming from the fact that the child survived. Is not on life support in this picture.
Are they suing because the child originally thought to die ended up surviving? Or are they suing because the child who is not perfect requires care?
The article says that the respitory support was removed first. Later artificial feeding.
Does that mean the child was able to breathe on her own?
I would like to hear the hospital side of the story.
This article has raised more questions and given us very few answers.