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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Hope Praytochange who wrote (676029)	3/20/2005 11:52:06 AM
From: Mr. Palau	Read Replies (1) \| Respond to of 769670

Better impeach this Texas judge also. This is another chance for the GOP to make political points with the right to life base, altho it might be embarrassing to GW, who signed the law allowing hospitals to take someone off life support against his family's wishes. March 18, 2005, 11:33PM Burden of proof lies with kin of patient Family of man on life support at St. Luke's must show he can be taken elsewhere By TODD ACKERMAN Copyright 2005 Houston Chronicle The family of a man that St. Luke's Episcopal Hospital plans to remove from life support has been given until Wednesday to furnish proof that another facility will take him. On Friday, state District Judge Bill Burke told the attorney for Spiro Nikolouzos that the family should bring to court written documentation of patient transfer plans or an official of the facility to testify to that effect. "I don't want to prejudge, but relaying comments by a third person probably won't be persuasive," Burke said. Nikolouzos attorney Mario Caballero said he is confident the family can produce proof, notwithstanding the difficulty that task has previously proved. Twice, the family's request that a judge stop St. Luke's from withdrawing Nikolouzos' ventilator and feeding tube were denied when Caballero could only relay conversations between the family and a nursing home. Caballero told Burke the family will be in San Antonio on Monday to meet with officials of Avalon Place, a nursing home investigating whether to take Nikolouzos, 68, who has been in a chronic vegetative state since 2001. Caballero said Friday that he is optimistic the home will put its intentions in writing. St. Luke's has said continuing Nikolouzos' care would be futile and inhumane. His wife, Jannette, was caring for him at home until Feb. 10, when his condition deteriorated, and he was rushed to St. Luke's. The case was in Burke's court Friday after Caballero filed for a temporary restraining order, his fourth such motion, after the 14th Court of Appeals ruled Thursday that it didn't have jurisdiction to hear an appeal. The ruling came after a procedural switch moved the case from the 1st Court of Appeals, which last Saturday stopped St. Luke's a few hours before it had planned to remove Nikolouzos from life support. Texas law gives St. Luke's the right to remove a patient from life support 10 days after notifying family. But the family can stop the hospital from acting if it can show "a reasonable expectation" that another physician or health care facility will take the patient. St. Luke's has maintained no other facility would take Nikolouzos, but Friday, for the first time, it voluntarily agreed to give his family additional time to come up with proof that Avalon Place will. todd.ackerman@chron.com This article is: chron.com