Texas court overturns ruling on resuscitation of premature baby

Ten years after Sidney Miller was born, the prognosis for extremely premature newborns remains difficult to predict.

By Vida Foubister, AMNews staff. Feb. 5, 2001.

A Texas appellate court ruling in December 2000 essentially excludes parents from decisions about withholding treatment from their premature newborn unless the infant is considered to be "certifiably terminal."

The 14th Court of Appeals overturned a trial court's finding that The Woman's Hospital of Texas in Houston and its parent company, now HCA -- The Healthcare Company, was liable for resuscitating a 23-week-gestation infant against her parents' wishes. A jury in the lower court case had awarded the couple $29.4 million in past and future medical expenses, $13.5 million in punitive damages and $17.5 million in prejudgment interest. The physicians involved were not named in the lawsuit.

After Karla Miller was admitted to the hospital with premature labor, her ob-gyn told Miller and her husband, Mark, that their daughter was unlikely to survive. Based on this consultation they chose not to pursue any aggressive treatments.

Then the hospital informed them it was obligated by law and an unwritten policy to administer life-sustaining procedures even without their consent. The hospital still stands by its decision to resuscitate Sidney, who is now 10 and has severe physical and mental disabilities.

"Woman's Hospital of Texas acted appropriately in providing basic life-sustaining care for Sidney Miller," said Linda Russell, CEO of the hospital, in a statement released after the Dec. 28, 2000, verdict. "The doctors and nurses were legally, morally and ethically obligated to provide care to Sidney Miller." [...]