Texas Governor Greg Abbott signed into law a bill amending the state’s notorious 10-day rule, which gave patients just 10 days to live while their families appealed a doctor’s decision to remove life support. While the new law is a positive step forward, hospitals still have the ability to make life-and-death decisions without the approval of patients or their families.
HB 3162 made a variety of changes to the Texas Advance Directives Act (TADA), including blocking “quality of life” from criteria, require hospitals to find another point of care for the patient, give families more notice of hospital ethics meetings and invite them to sit in, and extend the countdown from 10 days to 25 days.
However, Texas Right to Life pointed out that more still needs to be done. They are calling for the countdown to be eliminated entirely, more protections put into place to protect disabled patients from discrimination, and a guaranteed impartial review by a judge.
Numerous people lost their lives to the 10-Day Rule.
One of the most publicized cases surrounding the controversial rule was that of Tinslee Lewis. Born prematurely, her heart pressed against her lungs, causing blood to partially flow backwards, requiring the use of a ventilator. Cook Children’s Hospital fought repeatedly to let little Tinslee die, even though she is not brain dead, but merely disabled.
“She cannot move. She cannot cuddle. She is rarely, if ever, held,” a legal brief from the hospital stated. “The physician who has been treating her since birth has never seen her smile.” The brief also claimed Tinslee’s treatment for her condition was painful and would never improve, and therefore, it was pointless for staff to continue treating her.
Tinslee’s mother fought fiercely for her daughter’s life, even as the hospital took the fight to the Supreme Court, which ultimately refused to allow the hospital to remove her from life support. Though they claimed Tinslee’s condition would never improve, it ultimately improved enough that she was able to be discharged and receive care at home.
“We celebrate the biggest step yet in protecting Texas patients,” Texas Right to Life President Dr. John Seago said in a press release. “For 20 years, Texas Right to Life has worked with lawmakers to repeal or reform the deadly 10-Day Rule. Now, with the efforts of Representative Stephanie Klick and Senators Drew Springer and Bryan Hughes, countless families will find more relief in this incremental, yet important, legislation.”
