Hallelujah!

A Winnipeg judge has ruled that 84-year-old Samuel Golubchuk cannot be removed from a ventilator and feeding tube pending a full trial in the dispute between his family and Salvation Army Grace Hospital.  Doctors decided last November to euthanasise Mr Golubchuk, an Orthodox Jew, after concluding that his chances of recovery were small.  His children, however, strongly protested, saying such an action would go against their religious convictions.  At that time, Judge Perry Schulman granted a temporary injunction prohibiting doctors from taking him off life support.

In today’s ruling, Judge Schulman directly contradicted the position of the Manitoba College of Physicians and Surgeons, who recently arrogated to themselves sole discretion over provision of medical treatment.

Schulman ruled Wednesday that the hospital has no avenues to mediate the dispute, so the case must now go to trial, for which he will make himself available as soon as possible. Until the outcome, Golubchuk will remain on life support.

"…it is not settled in law that … the physician has the final say," said Schulman.

Under guidelines established by the College of Physicians two weeks ago, doctors in Manitoba were given new rules about how to decide to take someone off of life support. The new rules say that doctors must consult family members if they can't communicate with the patient, but the ultimate decision is up to doctors about when to take someone off life support. The family, however, must be given a four-day notice before treatment is ended.

Lawyer Neil Kravetsky, who represents the Golubchuk family, said the College should revise their guidelines.

Got that right!  Bill Pope, the college’s registrar, said earlier that the college would indeed re-consider its guidelines if the judge ruled in favour of the family.  Now let’s see if that actually happens.

The family also reports that Mr Golubchuk’s condition has improved significantly.

Miriam Geller said that her father, Sam Golubchuk, who is unwittingly at the centre of a precedent-setting court case, is now “being weaned off life support” and “is awake and holding our hands.”

“The nurses have him up in a cardiac chair every day a couple of times a day for two to three hours” and “a physiotherapist comes in regularly to do arm and leg exercises,” she added.

Expert doctors have filed affidavits on behalf of the family, saying there is no evidence that Mr Golubchuk is dying or close to brain death.  Hospital doctors maintain that he has had “a complete loss of consciousness”.

The hospital has not yet decided whether to appeal today’s ruling.

Prevous related post: Samuel Golubchuk in danger of being euthanised