Sainte-Justine Hospital went to court because the child’s parents refuse to consent to the procedure unless doctors consider re-intubating the child if things go wrong.
The hospital says doctors believe the child can breathe on his own and that the risks associated with intubation outweigh the expected benefits.
The boy had been in a coma since June 12 after being found at the bottom of the family pool — authorities say he suffered a prolonged cardiac arrest.
A few days after being admitted to the Sainte-Justine hospital, the young boy was experiencing many problems, including acute respiratory distress syndrome, cardiac dysfunction and seizures.
The Quebec Superior Court ruling states that on June 16, the medical team initially discussed with the parents the possibility of removing the breathing tube.  Health professionals have repeatedly argued that “this mechanical ventilation is contraindicated for his condition.”  It could cause serious harm or even death to the child.
But doctors say the child will need end-of-life care if he stops breathing without help, the hospital says.
“The maneuver is dangerous as it could lead to his death,” the Quebec Superior Court decision said.  Parents object.
Wheelchairs line up at Sainte-Justine Hospital Thursday, Jan. 16, 2020, in Montreal.  THE CANADIAN PRESS/Ryan Remiorz
The court document states that the mother’s reaction is particularly strong.  “Her faith in God makes her hope that her child will come out of the coma he is in,” she says.  On the other hand, parents are skeptical of the hospital’s motives and believe that the treatment comes from a “cost-saving perspective.”
The child’s 20-minute immersion in the pool caused “anoxic-ischemic encephalopathy, which put him in a deep coma and caused extensive and permanent brain damage due to prolonged oxygen deprivation.”  The two MRIs performed in June and July confirmed “the extent and permanence of the damage.”
Today, the five-year-old boy can breathe and move his eyelids.  The Glasgow Recovery Index ranges from 0 to 2, the lowest score, and reflects its vegetative state,” the paper said.
The hospital will not remove the breathing tube until the parents have had a chance to appeal the decision.
A lawyer for the parents said they are reviewing the decision and have not yet decided whether to appeal.
A child’s parents or guardian can consent or refuse care and must “act solely in the best interests of the child, respecting as much as possible the wishes the child may have expressed”.  Unlike a person aged 18 or over, “the parent cannot express a refusal that would be unreasonable given the child’s state of health.”
— This report was first published by The Canadian Press in French on November 4, 2022