Judge rules hospital can take baby off life support; State plans - FOX34 Lubbock

Judge rules hospital can take baby off life support; State plans to appeal case

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FORT WORTH, Texas -

"At some point Tinslee is going to make a choice. Her little body is so tired. And she's been through so much," Wini King of Cook Children's Medical Center said.


The battle to save baby Tinslee continues. 

On Thursday, a judge ruled the Fort Worth hospital can withdraw medical care for the 11-month-old suffering from a rare heart defect. 

Doctors say she will never get better. 


"She's suffering, she's in pain. She is sedated. She is paralyzed. She can't move. And we're trying to keep her as quiet as we can so that she doesn't get any worse. We're doing things to her, not for her," King said.


During her short few months of life, Tinslee has never left the hospital.

Her mother, Trinity, has fought to keep her daughter alive since July, when Tinslee was put on life support.

"She's made it this far, I know she's going to continue to fight for her life," Trinity Lewis said last month.


The State now plans to appeal the case.

In a joint statement, Governor Abbott and Attorney General Ken Paxton said:

"The case of Tinslee Lewis is complex and heartbreaking, and the state will continue to support Ms. Lewis’s exhaustion of all legal options to ensure that Tinslee is given every chance at life. The Attorney General’s office is involved in the ongoing litigation, fighting to see that due process and the right to life are fully respected by Texas law. The Attorney General’s office will be supporting an appeal of this case to the Second Court of Appeals. The State of Texas is fully prepared to continue its support of Ms. Lewis in the Supreme Court if necessary. We are working diligently to do all we can to ensure that Tinslee and her family are provided the care and support that they seek."

"That would have to be the position that they take. Not that the law is wrong, itself, or that the law ought to get changed. But that the trial court got it wrong, in applying the facts, to the law," Attorney Fernando Bustos said.


As Bustos explains, as the law stands now, the medical community is in the right, through the Texas Advanced Directive Law.

 
"Really, it is the hospital and doctor's decision in the end. Because hospitals don't want to be committed to keep a patient on life support forever, if there's no reasonable means that, that patient can recover," Bustos said. 


"It's one thing to cause pain and you know it's going to turn into something better. But it's another thing when we're causing pain and you know it's not going to end well," King said.


A representative for the hospital says the process will be honored.

If an appeal is filed the 10 day window given to withdraw care will be extended. 

 

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