HOUSTON - A district judge has given more time for a 10-month-old baby to recover after being brought to the hospital unresponsive and unconscious.
According to a temporary restraining order that was filed early Wednesday morning, the boy was found unconscious in a bathroom tub, laying in water and unresponsive on or around September 24.
On Tuesday afternoon, lawyers representing Mario and Ana Torres said baby Nick, who has been on a ventilator since September 26, will remain on a ventilator for at least another 48 hours after a judgment by District Court Judge Mike Engelhart.
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The order stated baby Nick was taken to Texas Children’s Hospital in the Woodlands, where he was placed in the intensive care unit. He was then transferred to Texas Children’s Hospital in Houston.
The order says that the hospital and medical staff told the family that there is nothing else that could be done to save their child and that they must disconnect the baby from any and all life support systems, even though the baby had only been at the hospital for six days.
The parents of baby Nick said in the court documents they believe their child has a chance to survive this emergency, see encouraging signs, and hold hope that a miracle will happen and simply need time.
The documents say that the boy's heart is beating on its own and stable, and his lungs are cleared from any fluid, but he is still on a ventilator.
The order added the baby is not showing any active brain activity and doctors believe that is sufficient to make the decision to declare the baby “deceased” and disconnect the baby from life support.
The parents believe that Texas Children’s Hospital and the medical staff are rushing to make a decision without giving them due process of law and a real opportunity to recover, according to the document.
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Attorney Kevin Acevedo spoke with a medical doctor on Tuesday night and was told Texas Children’s Hospital would be either transferring baby Nick to a hospital in San Antonio or a final brain wave test would be performed.
The doctor indicated Texas Children’s Hospital has the authority to perform the final brain wave test, even over the parent’s wishes or consent, the order stated.
The document said the parents have not consented to any additional brain wave tests and have informed hospital staff.
The order states the parents believe that hospital staff are simply rushing to make a decision, without following proper legal safeguards and procedures required under the law.
Another hearing regarding baby Nick will be held Friday afternoon in front of Judge Donna Roth.