2023-06-30 03:05:00
“As a family we had already mourned. We want to know why they hooked him back up.” Silvia Sosa shows the photo of her brother. She assures that he was an active man, that every day he traveled to Villa Carlos Paz, where he worked as a gardener.
But one day, when leaving a dance, he received a blow to the head. Since March 12, he has been admitted to the Emergency Hospital in the city of Córdoba. His diagnosis is severe head trauma and a persistent vegetative state.
The family presented an appeal for protection to Justice last Wednesday. They ask that JS (his identity of him is reserved) rest in peace. They request a dignified death.
The case fell to the Administrative Litigation Chamber of 2nd Nomination, which this Thursday made room for the start of the amparo process and established two business days for authorities from the Emergency Hospital and the Municipality of Córdoba to answer the request.
The lawyers for the JS family pointed out that the amparo as such would be resolved next week.
“He has no chance”
“My brother was left in a vegetative state. He has no chance of being who he was. In all this time he only got worse, ”says the woman.
Silvia points out that all the relatives signed the consent, authorizing the medical team to “adjust the therapeutic effort.” And they enabled him to withdraw life support.
“On June 10 they gave him a dignified death, but four days later they connected him again, without authorization. They did not give us an explanation. They say they saw something. But we don’t quite understand what they saw and why they backed down,” he says.
Silvia assures that one of the patient’s daughters suffered a nervous breakdown. “We want her to be at peace,” summarizes the woman, who tells that JS had expressed her will while she was alive.
“He was a very hard worker. Sometimes he did not have money and he would hitchhike to Carlos Paz to be able to work. He always told us that he did not want to be without moving, without seeing, without any of that ”. the woman comments. her while she shows a picture of her brother in her life.
Silvia, sister of the 64-year-old patient admitted to the emergency hospital. (Javier Ferreyra / The Voice)
The progress of the cause
Three members of the family (his sister, his daughter and his spouse) filed an appeal on Wednesday against the emergency hospital and the Municipality. The lawyers Alina Dutto and Diva Ibargüengoytía sponsor it.
From the Chamber that took the case, Judge María Soledad Puigdellibol answered the request and summoned the family for a hearing, which will take place on July 5. If the process is delayed, the lawyers plan to request that the judicial fair be enabled.
“We do not understand why progress is not being made in this case. We believe that there is a rejection of the medical team. We have an opinion from the bioethics committee and yet the family continues without a response,” Ibargüengoytía explained.
The lawyer reported that the amparo requests the withdrawal of life support. “We present it because we have no explanations. We don’t know if it was due to conscientious objection or what happened. The person received inhumane treatment,” added the lawyer.
He stressed that the patient has an incurable disease and that the dignified death law enables the withdrawal of life support. They maintained that the man had previously stated that he did not want to end in this way. “He was treated like an object. He was disconnected and connected without giving explanations to the relatives who have watched over him, ”they held this Thursday at a press conference.
The emergency hospital of the city of Córdoba. (Municipality of Cordoba)
The bioethics committee and the position of the hospital
The members of the medical team treating the patient asked to be received by the dignified death committee, a body established by provincial law to deal with this type of dilemmatic case.
Through a letter addressed to the Provincial Health Minister, Gabriela Barbás, the Municipal Health Secretary requested that the ER doctors be received by the bioethics committee. However, the request was rejected on the grounds that this committee is made up to make a recommendation and cannot make any type of decision.
Hospital sources clarified that the patient is not brain dead. Yes, he suffers from damage to the upper cortex of the brain, which prevents him from responding to certain stimuli.
current laws
In 2012, the National Congress passed the dignified death law that enables a person, in full use of their mental faculties, to leave in writing what type of treatment they wish to have (and which ones they do not) in case of suffering from an incurable disease. , irreversible or terminal.
Days later, the Unicameral of Córdoba sanctioned a similar norm, although with some restrictions. Hydration and nutrition remained as ordinary minimum care that a patient should continue to receive.
When the new Civil Code was drafted in 2015, the gap was closed. Articles 59 and 60 enable the withdrawal of life support (hydration and nutrition) if what is pursued is the artificial prolongation of life. Therefore, the provincial law had to adapt to the larger framework of the civil code.
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