On this blog, Professor Thaddeus Pope tracks judicial, legislative, policy, and academic developments concerning medical futility and the limits on individual autonomy at the end of life.

Wednesday, December 7, 2011

Lawrence v. Oakland Children’s Hospital

On November 28th, 1-year-old Hiram Lawrence Jr. was critically injured in a shootout in Oakland, California.  Hiram’s parents now report that physicians at Oakland Children’s Hospital, have been pushing them to pull their son off life support because he has not shown any signs of brain function.  The parents said:  "We don't understand . . . He's still recovering."  

OCH physicians apparently plan to conduct two more tests to determine if the toddler has brain activity.  If not, Hiram would be removed from life support, against his family's wishes. The parents explained:  “Unfortunately, we have come to a crossroads. We are unable to come to an agreement on the continuum of care for baby Hiram.”  The family has retained Oakland attorney Ivan Golde to try to stop the hospital from taking the boy off life support before the family gets a second opinion.  (KTVU; NBC Bay Area)

3 comments:

eestubbs said...

My prayers will go out to the parents and their child. God bless them.

Anonymous said...

Why would the hospital be so insensitive as to take the child off off of life support without a second opinion? Why can't they wait for the second opinion out of respect for the life of the boy and the feelings of the parents?

Is it possible that the Oakland Children's Hospital is not being reimbursed for the care of Hiram Lawrence Jr. and they want to limit their exposure to cut their costs?

Surely the courts will uphold the right for a second opinion as a second opinion is authorized and paid for under most insurance policies because it is a safety as well as a cost effective mechanism.

Anonymous said...

California, like all states in the U.S., defines death as either the cessation of heart function or cessation of function of the entire brain. Doctors refer to the latter as "death by neurological criteria," and this is commonly known as brain death. Brain death is not the same as a persistent vegetative state, minimally conscious state, or persistent coma. When a doctor determines that a child has died from neurological criteria, the doctor completes a death certificate and all machines are turned off. Some families mistakenly think that "life-support" is withdrawn, but in fact because the child is already dead there is no "life-support."

This case sounds truly tragic, and my heart goes out to the family. When children die, whether from cardiac or neurological causes, it is always tragic. Part of determining death by neurological criteria in California is a second opinion. That is, two physicians must agree that the patient is dead. If the doctors make this determination, a third opinion is not warranted.

My sincere condolences to the family.

Sincerely,
A pediatric ICU doctor practicing in Southern California with over 15 years of experience