Texas Withdraws Life Support From Poor Baby

From Mark Kleiman who cites a case I have not heard before. I was not aware Bush had signed into law a measure that allows hospitals to terminate care solely on the basis of inability to pay. Why aren't the right-to-whatever-life-I-want-to-controllers upset about this?

Sun Hudson, a six-month-old boy with a fatal congenital disease, died Thursday after a Texas hospital, over his mother's objections, withdrew his feeding tube. The child was apparently certain to die, but was conscious. The hospital simply decided that it had better things to do than keeping the child alive, and the Texas courts upheld that decision after the penniless mother failed, during the 10-day window provided for by Texas law, to find another institution willing to take the child .

Where, I would ask, is the outrage? In particular, where is the outrage from those like Tom DeLay, who referred to the withdrawal of Terry Schiavo's life support as "murder"? If it's appropriate to Federalize the Schiavo case, what about the people being terminated simply because their cases are hopeless and their bank accounts empty?

Sun Hudson is dead, but 68-year-old Spiro Nikolouzos is still alive, thanks to an emergency appeals court order issued yesterday. However, his life support could be cut off at any moment. A nursing home is willing to take him if his family can show that he will be covered by Medicaid after his Medicare runs out. Otherwise, the hospital gets to pull the plug.

The Texas cases contrast with the Schiavo case in two ways:

1. Schiavo is in a persistent vegetative state, but isn't terminal. The two Texas patients were terminal but not vegetative. It seems to me that the distinction between a patient who is aware and a patient who isn't aware is the morally relevant one, while the disctinction between a death that is sure to occur soon and a death that is sure to occur eventually is morally irrelevant. (Try pleading as a defense to a murder charge that the victim had a terminal ailment.)

2. Terry Schiavo's husband has decided that she would have wanted to die, and the courts have upheld his view against the view of her parents. The mother of Sun Hudson wanted her child to live, and the wife and children of Spiro Nikolouzos want him to live. So while the Schiavo case is an intra-family dispute, the two Texas cases pit the families against health-care institutions motivated at least in part by financial considerations.