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bnuckols

Conservative Christian Family Doctor, promoting conservative news and views. (Hot Air under the right wing!)
bnuckols has written 1071 posts for WingRight

Cook’s Children’s Press Release on Tinslee Lewis

The Press Release is published in .pdf on the hospital’s website. Here’s the text:

Cook Children’s Statement Regarding Patient Tinslee Lewis Fort Worth, Texas (November 10, 2019) –

Tinslee Lewis is a beautiful baby who has captured the hearts of many at Cook Children’s since her premature birth nine months ago. She was born with a rare heart defect called an Ebstein’s anomaly and has undergone several complex surgeries at Cook Children’s in an effort to improve her heart function. Further complicating matters, she also suffers from chronic lung disease and severe chronic pulmonary hypertension. Due to these complications, she has spent her entire life hospitalized in Cook Children’s intensive care unit. She has required artificial respiratory support throughout that time, and has been consistently on a ventilator since July.

In the last several months, it’s become apparent her health will never improve. Despite our best efforts, her condition is irreversible, meaning it will never be cured or eliminated. Without life-sustaining treatment, her condition is fatal. But more importantly, her physicians believe she is suffering.

To maintain the delicate balance necessary to sustain Tinslee’s life, and to prevent her from pulling out the lines that are connected to the ventilator, doctors have had to keep her constantly paralyzed and sedated. While Tinslee may sometimes appear alert and moving, her movements are the result of being weaned off of the paralyzing drugs. We believe Tinslee is reacting in pain when she’s not sedated and paralyzed.

Cook Children’s has made heroic efforts to treat Tinslee’s condition, all while being very transparent with her family regarding her poor prognosis. Despite those extraordinary efforts, Tinslee’s condition has not improved. At the request of Tinslee’s family, we have reached out to nearly 20 facilities across the country to see if any would be willing to accept Tinslee as a patient. Some of the facilities include:

 Texas Children’s  Children’s Memorial Hermann Hospital  Dell Children’s  Dallas Children’s  Medical City Dallas  Children’s Medical Center Oklahoma City  Children’s Hospital of Atlanta  St. Louis Children’s  Children’s Hospital of Philadelphia  Johns Hopkins  Methodist Hospital San Antonio  University Hospital San Antonio  Boston Children’s  Children’s Hospital of Los Angeles  Arkansas Children’s  C.S. Mott Children’s Michigan  LeBonheur Children’s Memphis  Rady Children’s  Children’s Hospital San Antonio CHRISTUS

All have said our assessment is correct and they feel there is nothing more they can provide to help improve this precious child’s life.

A team of Cook Children’s doctors nurses and staff have given their all to help Tinslee. While, we believe every child’s life is sacred, we also believe that no child should be sentenced to a life of pain. Removing this beautiful child from mechanical ventilation is a gutwrenching decision for Cook Children’s physicians and staff, however we feel it is in her best interest to free her from artificial, medical intervention and suffering.

Winifred King

Assistant Vice President of Public Relations Cook Children’s Health Care System

Baby Tinslee Lewis and the Texas Advance Directive Act

I was a relieved to hear that the doctors caring for 9 month old Tinslee Lewis decided not to remove her ventilator on Sunday, November 10, 2019. Their decision, most likely due to public outcry, was announced 2 hours before removal was planned. Later in the day, and a local judge issued a restraining order that mandates continuing the ventilator until at least November 22 unless an appropriate transfer to another facility can be arranged.

At first glance, this sounds like several other stories about disputes between the family of a patient and medical professionals who have invoked the provision in the Texas Advance Directives Act(TADA) that allows for removal of life sustaining treatment. However, from what I’ve read and the hospital’s statement, I’m concerned that this time the law may have been invoked based on “quality of life” rather than the futility of the treatment and the suffering it causes.

(Note: I want to be very careful to point out my limits. The following medical and legal information about this case comes from what I’ve gleaned from Facebook, blogs and Twitter posts, as well as a few news articles like this one. I’ve tried to be as factual and accurate as possible. It’s important to understand that I don’t know all the details and that any conclusions I draw are merely my opinion.)

Tinslee has lived her whole life in the ICU at Fort Worth Cook’s Children’s Hospital. She was premature and was diagnosed with a congenital heart defect, Epstein’s anomaly, that in spite of several surgeries led to heart failure and caused her heart to become so enlarged that it damaged her lungs. She’s been on a ventilator since July.

Her doctor or doctors reportedly believe that Tinslee is in pain and suffering. In order to keep her comfortable and to prevent her pulling the ventilator and feeding tubes, they must use paralyzing drugs and sedation. An attending doctor responsible for Tinslee’s care invoked TADA and a hospital committee agreed that the continued use of the ventilator is inappropriate. On October 31, the family was notified that the ventilator would be discontinued at 5 PM on November 10.

I became concerned when I saw the video posted at Texas Right to Life, showing a beautiful girl with apparently healthy skin, reacting to voice and touch. In the video, she doesn’t move her right leg, barely opens eyes and only seems to point her eyes to lower right. Still, the treatments, including sedation, seem to be working and she doesn’t appear to be in distress or pain.

A hospital spokesperson, Winifred King, assistant vice president of public relations for Cook Children’s Health Care System, sent out a statement by email, that is quoted in part by the Fort Worth Star Telegram:

“In the last several months, it’s become apparent her health will never improve,” King said in a statement via email. “Despite our best efforts, her condition is irreversible, meaning it will never be cured or eliminated. Without life-sustaining treatment, her condition is fatal. But more importantly, her physicians believe she is suffering.”

And,

“While we believe every child’s life is sacred, we also believe that no child should be sentenced to a life of pain,” said Winifred King, assistant vice president of public relations for Cook Children’s Health Care System, in a statement. “Removing this beautiful child from mechanical ventilation is a gut-wrenching decision for Cook Children’s physicians and staff; however, we feel it is in her best interest to free her from artificial, medical intervention and suffering.”

(Kaley Johnson, Fort Worth Star Telegram https://www.star-telegram.com/news/local/fort-worth/article237223826.html accessed 11/10/19)

Hesitantly, I find myself second guessing the decision of Tinslee’s doctor(s) to invoke TADA and of the hospital ethics committee to affirm that the ventilator is inappropriate medical care. As I wrote above, I can’t know the real medical circumstances and certainly haven’t examined Tinslee or even read her chart. I’m not a pediatric cardiologist or pulmonologist and may not understand her prognosis as she grows and develops. Has she required chest tubes because of the ventilator? Is she growing? Will a larger body put too much strain on her heart or will growth allow time – and room – for her lungs to heal? Will she be able to have a tracheostomy and would it make her care easier and her more comfortable?

However, there’s no sign that the ventilator itself is causing damage to her lungs and there is evidence that the medication helps Tinslee tolerate the mechanical intervention.

The wording of Ms. King’s statement makes it appear that the doctor(s) decided to end the ventilator treatment based on a perception of her quality of life, rather than on their knowledge of the futility of the treatment and the damage it causes. In my opinion, “quality of life” is a very personal value judgement. As I’ve noted before,

“Although no reason is required by law, in every case I know of the doctor has made it clear that the requested treatment is causing suffering and/or actual harm and violates the First Principle: “Cure when possible, but first, do no harm.”’

The good news is that TADA allows, and Tinslee’s family were able to, access practical and legal assistance.

Ms. King shared a list of 19 hospitals that, as required by TADA, the hospital administration has contacted in an attempt to find other doctors and facilities that will accept Tinslee as a patient. All refused the transfer, apparently agreeing with Tinslee’s doctor (and casting doubt on my conclusion).

TADA also allows the family to seek a delay through the local courts. Texas Right to Life helped Tinslee’s family by providing a lawyer and legal advice. They also sent out a plea on Friday, November 8, asking the public to call and email Cook’s administrators about Tinslee. Several State legislators have also become involved.

Now, Tinslee’s mother and family and the hospital will have another 12 days to try to find someone willing and able to treat her.

Questions still remain: Is there any long term facility that is able to offer the ventilator and sedation that Tinslee needs? Or must Tinslee live sedated and paralyzed in the ICU for the rest of her life?

But there shouldn’t be any question weighing whether Tinslee’s “quality of life” is worth living.

Timeless Frederick Douglas

An excellent essay.
An excellent, timeless quote, that could as easily be paraphrased about elective abortion or euthanasia:
“[T]he constitutionality of slavery can be made out only by disregarding the plain and common sense reading of the Constitution itself; by discrediting and casting away as worthless the most beneficent rules of legal interpretation; by ruling the Negro outside of these beneficent rules; by claiming everything for slavery; by denying everything for freedom; by assuming that the Constitution does not mean what it says, and that it says what it does not mean; [and] by disregarding the written Constitution.”

Texas transgender (7 yo) case

I don’t believe it’s appropriate for a child to undergo transition at such an early age, but there’s a few gaps in this story.

There is very little media coverage of the case, with opinion from only one side published online. I picked the report about the court decision that’s most comprehensive, even with some errors.

Mostly, this appears to be an especially ugly divorce battle. The dispute about transition has been going on since the child was 3 years old.

The child is one of two twins conceived by in vitro fertilization using the father’s sperm and a donor egg. The mother carried the two to term and delivered.

The mother filed the suit to end joint custody, but the father demanded that the jury decide custody, rather than the judge.

The jury was charged with 2 questions: should one parent have sole custody and should that parent be Mr Younger. They answered yes and no: one should have sole custody, but it shouldn’t be the father. The judge will rule this week on who gets custody & conditions.

I’m not sure, but I’m reading that there’s no immediate plans for puberty blockers & finding quite a bit of info that the blockers aren’t permanent.

I can’t help but hope there’s more to this story, because I still can’t accept a decision like this, at this age.

Eat the Rich (with the rest of us for desert)

Dems used to just act as though government owns your current and future earnings. Now, they want to know the value of your wedding ring, grandma’s China, the homestead, & your golden parachute. The plan is to tax them *every year* until you have to sell them (to them?) to pay those taxes.

“But, but, but,” you say, “It’s only on the greedy $Ultra-Rich!”

  • A wealth tax like the one proposed by presidential candidate Sen. Elizabeth Warren would make ultra-wealthy Americans pay the federal government a small percentage of their net worth each year.
  • Sen. Bernie Sanders released his own proposal for a wealth tax on September 24 that his campaign claims would cause “the wealth of billionaires would be cut in half over 15 years.”

Suuure it is. That’s what they said about the income tax in 1913. (and you can keep your doctor, too.)

By 1918, the highest tax rate went from 1% to 67%, 77% in 1918. The lowest on incomes less than $4000, went from 0% to 6%.

No, the $UltraRich might not all up and leave the country. The income tax law requires expats to continue paying US income tax for years after leaving.

Yes, in a (coco)nut shell, that is it. If you want the tax break, all you have to do is abandon everything you own, book a flight and never return, or at least not that much anyway. (HT: The Points Guy)

If you denounce your citizenship, you may be liable to an “Exit tax” calculated as though you sold everything you own on the day you “expatriate.” And you can’t get your citizenship back.

So, what we have is a bunch of 70 year olds who have enjoyed their wealth and some 20- to 30-somethings who don’t want to pay their student loans and don’t really want to work hard enough to accumulate wealth on their own.

Eat the Rich. It’s a thing.

Nite: comments disabled. Please comment on my Facebook page.

Entire abnormal human genome in vaccine?

What bunk, incredible, unbelievable junk “science.” No one is injecting cancer into anybody’s body!
There’s a video being shared on Facebook that claims that vaccines produced using human cell lines contain the”entire human genome” along with abnormal DNA that causes cancer. It’s riddled with baseless accusations and attacks on science.

Quintessential anti-vaccine propaganda. The first sentence indicts the source, Mike Adams, the founder of “Natural News” and seller of food supplements like Organic Broccoli Sprout Capsules with a side of conspiracy.

The cells aren’t injected into every baby. The cells certainly aren’t “put into the vaccines;” the vaccines are grown in the cell lines, the antigens are removed, purified, and distributed as vaccines. Note that “remnants” of cells were found in the vaccines, not cells, (and no mercury or preservatives, either).
Where are the tests of cell DNA in affected children or cancer tumor cell essays showing that the dead DNA fragments from vaccines have been taken up, inserted into the chromosomes, and not only reproduced in the nuclear DNA of vaccine recipients, but switched on and functional in producing abnormal but living cells?
The “study” isn’t a study: it’s a series of lab tests on the composition of vials of vaccines. It wasn’t published in a journal, but placed online by a private company that raised money based on opposition to current vaccines.
Then, there’s an “open letter that refers to a very poor non-peer reviewed opinion published in a “journal” devoted to opposing vaccines.
The progression of “facts” is really mere opinion, misrepresenting the few studied alluded to.
The letter as well as the Corvelva “study” fail to describe standard methods or referrals to the scientific literature, at all. There are no control vials tested, no independent evaluation of the data yielded.
**The video maker, the people who had some vials tested, and the “independent” “natural news” website all make money off of selling their opinion.** I hate to link to these sites, because that (and selling merchandize) is how they make money.

Yet, that’s what they accuse the “cancer industry” of doing.

Did you notice the tiny amounts of contaminants reported? These are consistent with environmental contaminants found in the lab where the machines were. Where are the controls?
Pregnant women have much higher levels of fetal DNA circulating in the blood during normal pregnancies.
The idea that there are enough contaminants in vaccine injections (1/2-1 ml., ~ 1/10th of a teaspoon) into muscle – not the blood stream – to cause high body concentrations is ridiculous.
As to the ethics of using those cell lines, here are 2 articles, from bioethics organizations whose views I trust:

Christian Medical and Dental Association

National Catholic Bioethics Center

Finally, the accusations in the video have been rejected in court. This, in spite of the low requirements for vaccine injury compensation.

Edit 10:15 AM 10/07/2019: The MMR assay report from Corvelva is here. I’m skeptical about the “entire genome” supposedly found. Are they saying that all 23 chromosome pairs are present in each dose? BBN

Replace male statues in Central Park with women?

If everyone gets a trophy, why should anyone get a statue? Especially men?

Yes, here’s the next woke thing:

The New York Post reports that a City commissioner proposes to “Replace male statues in Central Park with women.”

“”A member of the commission that oversees art and architecture on city property suggested Monday that instead of simply adding statues of historical female figures to Central Park, the panel yank out some of the male ones first.

““There are what, five or six [male] statues that I think could easily be replaced by individual statues of each of these women,” said Hank Willis Thomas, a painter who serves on the Public Design Commission, at a hearing at City Hall.

“Thomas appeared to be specifically fingering statues including that of Scottish poet Robert Burns, in the park’s Literary Row, and the one of Christopher Columbus in the park, near the famed second one of the explorer in Columbus Circle, for removal.”

Goodbye Columbus indeed!

Texas Governor Abbott on “Suspicious Activity”

Texas’ Governor Greg Abbott ( @GovAbbott ) isn’t trying to change Texas law with last week’s Executive Order – in contrast to the claims I’ve seen on my Facebook news feed.

Instead, he called for law enforcement agencies under the executive branch to establish policies and training, and financial incentives to encourageimproving reporting channels and closing ‘information gaps’ when members of the public or law enforcement agencies worry that a person might be a threat to commit violence.

The last three mass shootings in Texas tell us that we need to improve how our law enforcement and agencies follow current law on following up on reports and investigations.

The Sutherland Springs Church shooter in South Texas should have been rejected at point of sale background check because of his prior conviction and incarceration for domestic violence crimes while in the military. Unfortunately, he was never reported to the Federal database. (And so, Texas law probably couldn’t have made any difference.)

However, the Odessa shooter threatened and brandished a weapon at his neighbor, but local Law Enforcement Officers didn’t follow up because his house wasn’t on their GPS maps and was difficult to find!

The El Paso shooter’s mother tried to report him, but the LEO who spoke to her on the phone dismissed her concerns. No record of the call was made, according to the Allen police department.

I’m not sure that current laws would have (or should have) allowed any action against the (future) shooter by authorities, but it looks like that question and reporting procedures are what Governor Abbott wants clarified. From the Executive Order:

“”Within thirty days of this order, the Texas Department of Public Safety shall develop standardized intake questions that can be used by all Texas law-enforcement agencies to better identify whether a person calling the agency has information that should be reported to the Texas Suspicious Activity Reporting Network.

Within thirty days of this order, the Department of Public Safety shall develop clear guidance, based on the appropriate legal standard, for when and how Texas law-enforcement agencies should submit Suspicious Activity Reports.”‘

The question should be whether the “standardized questions” and reporting processes might have made a difference. Unfortunately, I’m not reading questions: I’m reading accusations that the Governor wants to impose “red flag laws” and confiscation of guns without due process of law.

The Governor previously directed the Texas Department of Public Safety to implement the “iWatch app” in June, 2018, allowing the public to report suspicious activity. There was no outcry then, and there doesn’t appear to be any “red flag” incidents because of this initiative.

Why do people think the Governor wants gun control now?

There’s no change in citizenship! None!

The false reports from the media have lots of people confused about US policy concerning the citizenship of children. I wrote about the confusion last week.

Twice this week, I’ve heard the false story that President Trump has decreed that children born on US soil will not automatically be US citizens!

Supposedly, the”law” will become final in October.
While President Trump favours ending “birthright” citizenship, Congress would have to change many laws they passed in the past.
But it’s not true!

There was an announcement of a policy clarification by the United States Citizenship and Immigration Services.

Children born on US soil are – and will continue to be for the foreseeable future – US citizens even if their parents aren’t citizens except where parents are in special positions, like diplomats for another country. This automatic citizenship even includes babies born on US soil to parents here illegally.
The policy changesyou’ve heard about concern children who -already- weren’t considered citizens by our State dept
A difference between the practices of the State department and the US Citizenship and Immigration Services is resulted in some children who thought they were citizens unable to obtain a passport.
The few who are affected are children whose parents aren’t citizens when they were born out, non-citizen children who are adopted, and children whose (neither) citizen parents have never lived in the US a minimum total of 5 years.

In spite of all the hyperbole last weekend, there hasn’t been much clarifying coverage in the news. Raise your hand if you’re not surprised.

OIG finds Comey violations. No big deal?

Some (political) animals are more equal, I guess.
Is this all there is to the OIG report by Michael Horowitz that we were told was coming in June? (It’s now the end of August.)
If not, why is the IG’s report piecemeal? Why is it taking so long? And why is the follow through on “wait until the IG finishes the investigation” so chaotic – or at the least, highly variable?
The Inspector General released info that he found Comey broke FBI policies *after* the Justice Department determined that Comey wouldn’t be prosecuted.
It turns out that Horowitz actually referred the Comey violation to the Justice Department for prosecution but the DOJ decided not to prosecute.

Who – in actual places of responsibility – cares about policies? What good is an Inspector General investigation and referral for prosecution, anyway?

Children born overseas (No change)

About the Trump Admin & citizenship of children who aren’t born citizens: don’t believe the spin. Nothing has changed in the law. In fact, the policy is the same as long standing State Department policy and practice.
The disputed policy update of the United States Citizenship and Immigration Services is here.

The “Highlights:”

•Clarifies that temporary visits to the United States do not establish U.S. residence and explains the distinction between residence and physical presence in the United States.

• Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring citizenship under INA 320.3

The regulations clarify the question of physical presence vs. “residing in” the US and the timing of the birth & citizenship.
Children of citizens who have lived in the US as citizens for 5 years before the birth – the usual situation for US military and government workers – will continue to “automatically” be citizens from birth.
Children who are born before a parent becomes a citizen, non-citizen children who are adopted by citizens, and children of US citizens who have not physically lived in the US for at least 5 years will need to become naturalized citizens. The parents must apply for citizenship for the child by his 18th birthday.

Not the hype you’re reading about in the news.

Edit: Penultimate sentence: “18” instead of “28.” On September 3, 2019. BBN

Heterosexuality: oppression or happiness

Raise your hand if you agree that “security comfort (sic), acceptance and success” are the opposite of “oppression.”

Yet, a recent NBC News claims that heterosexuality is a failure because it created the “patriarchy.” And,
Patriarchy is at its most potent when oppression doesn’t feel like oppression, or when it is packaged in terms of biology, religion or basic social needs like security comfort, acceptance and success.”
NBC News recently published an insane opinion piece by Marcie Bianco claiming that the divorce of a celebrity is a “blow to the patriarchy.”
It’s insane because Ms. Bianco expands her thesis to advocate the false premise that Miley Cyrus’ divorce and the unusual lifestyle choices of a very few other celebrity women prove that *heterosexuality* is failing.
Ms. Bianco asserts that heterosexuality – which is the norm for all but a small percentage of the world’s population – is the source of men’s domination over women. According to her, “the patriarchy” is the cause, beneficiary, and result of heterosexuality, allowing men to dominate women and avoid responsibility and consequences for their actions.
But there’s factual evidence that men do take responsibility for and live with the consequences of their actions. For instance, census data shows that a majority of children in the US live with both biological parents who are married to each other. These fathers (and mothers) are responsible and literally live with “consequences.”
No, the cause, beneficiary, and result are increased cohabitation without marriage, divorce, elective abortion and single motherhood. (See link above)

As these have become socially acceptable – and rants like Ms. Bianco’s are published – it’s possible that more and more men are *learning* not to see any benefit from taking responsibility or living with the consequences of sex or even any sort of commitment.

With money and celebrity, perhaps it’s possible for a time to openly flaunt “security comfort, acceptance, and success” and claim they are “oppression.” For most of us, however, those conditions are what we call “happiness.”

Washington Post attacks Life via Texas

The Washington Post distorts history and geography to advocate for abortion- and for the Democratic Party.
The Texas Medical Board this year reported that 25 Counties don’t have any physicians at all. Many Texas Counties are health care shortage areas because of there’s not enough population to keep doctors busy. And many high population centers are shortage areas because Texas has a doctor shortage over all.
In 2011, Texas cut virtually every item on our budget due to the requirement of the State Constitution to balance our budget. One measure used to balance the budget was to focus State healthcare dollars on County clinics and hospitals that provide comprehensive, continuing – not single organ system – care.
Then, in 2013 we prioritized public and county clinics and hospitals over those single-issue facilities. Planned Parenthood was never mentioned, nor were the other abortion providers in the State. If the clinic or group took care of the whole patient and didn’t provide abortions, they would be eligible after County and State funded health care was funded.

We could have done more if President Obama hadn’t blocked Texas from receiving Federal Women’s health or Family planning funds. Texas taxpayers paid into that Federal fund, but were denied its return to us. Texas did our best to fill in the gaps this lost funding created, allocating $32M of our State tax funds to Family Planning and Women’s Health programs in 2013-14.

In 2015, when the budget improved, we increased State spending for Women’s health and Family Planning beyond historic amounts. In 2019, nearly $400M was allocated, including raising the cut off for eligibility to 200% of the poverty level. $15M+ was set aside to improve post-partum care.

The main goal of the opinion piece is not only to increase State and Federal funding for Family Planning and Women’s Health. The author, Richard Rival of San Antonio, attacks Texan’s science, religion and assumes that government should consider elective abortion an integral part of “reproductive health” programs.

Nevermind that science affirms that the life of each human begins at fertilization. Or that “reproduction” has obviously occurred before any woman has an abortion, ending the life of that other body, her child. (Yes, one commenter tried to tell us that not only women seek abortions.)

But it’s the last paragraph that tells the truth about the author’s agenda, with a little side dressing of racism. Mr Rivard tells voters to end the ,”one-party state” – to force taxpayers to fund elective abortion for both citizens, non-citizens, and illegal aliens alike.

Beverly B Nuckols, MD

Edit 8/21/19 5:15 EST (France time) to fix typos. BBN

Vacationing for health

It’s good to have confirmation.

But jobs that don’t allow vacation probably have different effects than jobs that do allow time off.

Leftist liars gonna lie about abortion –

“It’s not the baby’s fault for the sin of the father, or of the mother,” King said.

Remember this statement when you read or hear that Congressman Stephen King “defended” rape and incest.

In reality, he “defended” every child at risk of being killed because they are the result of a pregnancy after rape or incest.

And all the descendents of past pregnancies due to rape or incest.

Politicians and laymen alike should beware when publicly supporting the ethical position that all humans are, indeed, human at all stages of life and that they shouldn’t be killed: The Leftist liars will attack. In force.

Representative King wasn’t just defending the children of tomorrow: he was defenfing all of their descendents.

“What if we went back through all the family trees and just pulled out anyone who was a product of rape or incest?” King told a breakfast meeting in Urbandale, Iowa. “Would there be any population of the world left if we did that? Considering all the wars and all the rapes and pillages that happened throughout all these different nations, I know that I can’t say that I was not a part of a product of that.”

King was obviously referring to retroactive killing. After all, elective interventional abortion is the ending of a human’s life by intentional acts that are licensed and regulated under the medical codes of the various States.

Regardless of how they were conceived, every human is created equal and endowed with inalienable #HumanRights.

The faithful Left can’t tolerate equal rights endowed on all humans. They will invariably takeba any firm statement against their sacrament of abortion and their tools in the media will pull out sections, ignore the context, and turn it inside out, to spread the big lie.

So much the more if they can twist their lie into a defense of one of their own. Congresswoman Ilhan Omar cited the lying reports as proof of Republican “filth.”

(Nevermind that her own hometown paper, the Minnesota Star Tribune and her Somalian communityare the ones accusing her of biggamy as well as marrying her own brother to commit immigration fraud. Or that she’s been fined for filing false tax returnswith one of her husband’s. Y’all move along, there’s nothing to see, here.)

So tell me: how many people would be left alive if we killed every person who has an ancestors who was conceived in rape or incest?

New Political Party?

Claiming that ” ‘conservative’ and ‘Republican’ are now mere team names that have lost all meaning,” pseudo-Conservatives are trying to start a new movement, possibly a new Party. However, their #PrinciplesFirst aren’t Conservative.

The Principles have at least two fatal flaws.

1. They’re based on man-made law & artificial designations of “persons”& “citizens,” not on inalienable rights endowed on “all men” (humans).

The Constitution of the United States is an unique, exemplary document. But its strength and legitimacy depends on the concept of inalienable rights of humans that are not endowed by laws, men or any powers that be of this world. The Constitution can be amended. Human rights can only be infringed.

2. The list also errs in supporting “Each and every family unit – regardless of its shape.”

Would these families include those shaped by polygamy? Why not?

The Republican Platform can be downloaded for reading, here.

The Platform confirms most of the items in the Principles First list. However, the Preamble of the Republican Platform is clear on its origin:

“”We affirm — as did the Declaration of Independence: that all are created equal, endowed by their Creator with inalienable rights of life, liberty, and the pursuit of happiness.”

And equally clear on the”shape” of the family:

“”It is the foundation of civil society, and the cornerstone of the family is natural marriage, the union of TT man and one woman.””

Correct these errors, and the “new” Principles would be indistinguishable from that of the Republican Party Platform. The effort should be to hold our elected officials to the Platform, to strengthen our Party, maintain and expand our Seniority in the Senate, win both back in the House. It’s certainly not Conservative to tear down. #FirstPrinciples

Texas’ reaction

At least 22 people are dead and another 20 to 40 wounded in El Paso, Texas, due to a planned, murderous rampageby a man who drove 650+ miles to reach the site. He carried a semi-automatic rifle and wore both eye and ear protection.

13 hours later, a second man also carried a long gun and put on eye and ear protection. He added a bullet proof vest and a huge ammunition magazine. When he attempted to enter a neighborhood bar, he was refused entry, was immediately surrounded by police, and yet managed to kill nine people and wound dozens of others.
These followed closely on the California Garlic Festival shooting that claimed three lives, including two children.

The killings alone are enough to prove the killers are evil and full of hate, but their history and social media portray individuals focused on hate, erasing all doubt. It appears that the Texas shooter identified with white supremacists white supremacists while also professing to be anti-government and anti-corporation, while concerned about the environment. The Ohio shooter was known to be obsessed with guns, had participated while armed in a counter-protest against white supremacists and was politically left-leaning. The motives of the California shooter aren’t clear at all.

Meanwhile, in Chicago,at least two mass shootings in public parks went nearly unnoticed, although seven people were killed by guns in the City and 52 were injured and treated at local hospitals.
Yet, Chicago and Illinois have some of the strictest gun control laws in the US:
“””The age to purchase a firearm is 21. The state requires gun owners to obtain licenses and face background checks as well as imposing waiting periods on firearms purchases. Judges can take guns away from owners who are deemed to be a threat to themselves or others. And recent legislation aims to begin a fingerprinting database of all gun owners in the state.””
However, as noted in that article,
“””Apparently it doesn’t work like that. (Someone should tell our elected leaders.)””
These are the same strict gun control measures that are now being demanded across the Nation. The contention is that strict gun laws will decrease gun violence.
The problem seems to be (both in Chicago and around the country) that legal gun owners are not the ones causing the issues, these gun control laws are also suspected of impacting poorer citizens disproportionately, and, in the recent cases, it’s unlikely that any of the often-proposed gun control laws would have prevented the murders: The murderers decided to kill people. Each went to extremes and broke laws already in place, in order to carry out their plans.

Evil will find a way.

The UK has had 285 knife killings in the UK IN 12 months, 40K+ knife attacks and hundreds of homicides using knives or other sharp instruments in the last year. Twenty people were killedwith a knife attack in Japan in 2016. Three more were killed and in another knife attack this year. In 2015, a man attacked teachers and students with a sword, killing two.
And this week, four people were killed and others wounded by a man with a knife in California, a State with the most strict gun laws in the country.
The greatest risk is that an unarmed populace is vulnerable to domination by armed criminals. Gun control in Mexico is nominally very strict, yet the gun murder rate is five times that of the US and large parts of the country are oppressed by organized – and armed – criminal cartels.

What will Texas response be?

I doubt that any of the proposed gun control laws will ever be passed in Texas.
First, it’s important to realize that Texas’s Legislature only meets every two years. The next Regular Session won’t meet until January, 2021. The Governor is unlikely to call a Special Session to increase gun control.
Second, in spite of calls by President Trump and some Republicans, it’s highly unlikely that the Lone Star State will back (attractive, even to me) “Red Flag” laws because of these attacks. So called “Red Flag” laws are billed as attempts to make it easier to seize guns from current owners who may be dangerous, but are certain to result in armed resistance by owners and the refusal by law enforcement. In fact, nearly half of the Sheriffs in Washington State have made it known that they won’t enforce that State’s new law, I-1639.
Any move to prohibit classes of guns and ammunition will likely face a successful court challenge, at least until the more unlikely event that the Second Amendment is constitutionally repealed. Even if you see repeal of the Second Amendment to the Constitution as a remote possibility, how quickly do you think it could happen?

In Texas, the result will probably be more guns.

I won’t be surprised to see an increase in gun purchases, in Concealed Carry License (CCL) applications and to see more current CCL holders actually carry, rather than to decide to leave the gun at home.
I do hope that more people will sign up for CCL, safety and response classes.
But, if we learned anything from these recent shootings, it’s not that guns are dangerous: The gun needs a human to pull the trigger. But it’s more obvious than ever that even when the police are present or respond immediately, they can’t prevent a determined killer from the attempt.

Candace Owens, Steve Bannon, future of the Republican Party

@SteveBannon: More bartenders and fewer lawyers, not the donor-class candidates.

@RealCandaceO; Mock the Left, be cultural, not so staid.

Here’s the video, https://youtu.be/qC-r0izU4j0

Me: Use the energy and frustration and STOP tearing each other down!

The interview started out covering the grass roots efforts to build a border wall using private money, but these two talk about even deeper issues.

Here in Texas, we have some perfect examples: MQS and Speaker Bonnen, the”Freedom Caucus” vs. the Republican Caucus and the division in the pro-life, pro-family community are prime examples of their position.

Since 2012 at least, the various factions in our own Republican Party of Texas are fast losing our sense of cameraderie, and have already lost our sense of humor. In order to prove our uber-conservatism has been engaged in “Ready, Fire, Aim,” a circular firing squad.

Take the Strickland vs. Geren cookie incident:

https://www.texastribune.org/2015/05/03/stickland-and-texas-house/

Sure, Gerens’ joke was a little mean spirited, but it was funny. Strickland would have been so much better laughing it off, perhaps offering Green some Grecian Formula in response.

I’ve compared our factions to the sanctimonious deacon who loudly and critically disapproves of the prodigal church members who show up on Mother’s Day or Easter Sunday. Rather than making them welcome and encouraging them to come back next week.

I know I’d rather debate an atheist on issues than some of our faithful. Both sides might tell me to go to hell, but it’s a lot more damning when the believers give you directions.

Consider: Is it true, is it really importantis it necessary, and will it make the situation better or turn the frustration back on our own side? Why not look for a way to turn the debate around to unite Conservatives in a win/win deal?

Eye emergency: Floaters and Flashes

MEDICAL WARNING! (From a doctor who became a patient.) (On vacation.) (In England.)
If you have a sudden visual change including increased “floaters” (spots, threads or rings in what you see, that usually move around) flashes of lights or -especially! – a loss of part of your vision, including a “curtain coming down”over one or both eyes, get to the ER! It could be a retinal detachment! You need evaluation and urgent, if not emergency, treatment to save your eye!
The biggest risk factors are aging – over 50 years old – and nearsightedness, followed by direct trauma to the eye.
After 50 years old, the vitreous will deteriorate, becoming liquid like water, instead of its usual jelly-like consistency. The vitreous collagen fibers can pull on the retina and create a tear, fluid from the vitreous can ooze behind the tear, pulling the delicate tissue of the retina away from its nourishing bed. The retinal cells will soon die, taking your vision on that eye.
The good news is that sometimes, the symptoms are (like mine were) only due to aging and the pulling by the vitreous. They will eventually resolve on their own. (Even these can carry an increased risk of a tear in the first month, accompanied by a sudden visual change, as described above.)
We can save most of, if not all, of your vision with out-patient Laser therapy, *if* you get care early on. If you wait days, the dead cells can’t be replaced or repaired. Even with the best outcome, the treatment is much more complicated as time goes on, requiring surgery and carrying a greater risk of lost vision and an increased risk of cataract development.

While “on holiday” in England, I got to learn this lesson better than any medical textbook could teach me.

I first had the flashes and thought it was a painless migraine and that I was simply more aware of the floaters because of the flashes.
All of the symptoms were variable throughout the day, seemed to get better and even went away over the next few days. And who wants to go to an ER on vacation, especially in another country?
Then a week after the first flashes, I had a real scare: a sudden increase in the number of floaters and a very short time when it seemed as though I was looking through bad glass. I remembered a patient who had a retinal detachment who told me about seeing through “cracked” glass.
So, on a Saturday afternoon, I visited the local “A&E” at the hospital, followed on Monday by a trip to the Urgent and Emergency walk in clinic at the eye hospital in Oxford.
At the ER visit, I received a quick exam by the ER doc and, after reassuring me that there didn’t appear to be a detachment, I was given warnings about what to watch out for and the need to follow up with an opthalmologist for a dilated exam of the eye.

At the eye hospital, I had a visual fields test and a dilated retinal exam by an opthalmologist. There was no tear or obvious defect in my retina. I was reassured that I was experiencing “a normal process of aging,” but the warnings to return for new visual loss were repeated.
I met wonderful, kind and cheerful at both facilities and wasn’t charged a fee at all. I was told that “the first one is free!”
The waiting times were actually shorter than I expected, since neither department was very busy when I visited. (That must have been the slowest Monday morning clinic I’ve ever seen.)
My vision is fine, with a few more “floaters” than before. They’re more like strings or half rings at the the outside of my eye, and there’s one dot that floats past the middle of my vision occasionally.
(This is a re-write of a Facebook post.)

Arguing Abortion on YouTube

I usually agree with this doctor. But not about abortion. ZDoggMD, Zubin Damania, has a sense of humor and a sense of balance. But today, he demands that we to “come to the center” because 1 in 4 women in the US have an abortion by age 45. “It happens.”

Well, according to the 1860 US Census, approximately 25% of families owned slaves. “It happen(ed).” Common ground was hard to find there, too.

The question is whether or not abortion ends the life of a human that is human-enough to possess the Human Right not to be killed. Are they one of us and can we kill them if they don’t threaten our lives?

The first question has been definitively answered, at least scientifically. Louise Brown was born 5 years after Roe v Wade. Serial ultrasounds showing the progression of the egg to embryonic organism to fetus were possible soon after. (I’m tempted to echo the ZDogg, “Grow up and get into the 21st Century.” But of course, I won’t.)

Answering these questions according to ethics and law can’t be addressed by science and requires a bit more discussion. Nevertheless, the trend in Western societies has been toward including all humans as rights bearers endowed with at least the right not to be killed or treated as the property of another and preventing legally sanctioned killing and enslavement, regardless of characteristics, abilities, or background.

Beyond the life of the mother, the rest of ZDogg’s arguments are the usual justification for what I call, “I want” ethics, including arguments for the “control of the woman’s body,” the health of the woman, and exceptions for rape and incest.

Nik Hoot, a 20 year old young man from Indiana, lost his feet and part of his legs and fingers to an attempted abortion, but survived to be adopted, eventually a State Semi Finals high school wrestler, and a productive member of society. His mother’s body didn’t lose limbs; his did. As he says, he has to “live with someone else’s choice.”

As to the health of the mother, how could anyone know at 12 weeks that there will be sequelae at or after delivery?

The safety of abortion is most often reported using short term data. There’s support for increased mortality and morbidity in the long term, however.

Late discovery of fetal abnormalities isn’t a good argument in favor of induced abortion, either. After 15 weeks and definitely after 20, it’s statically safer for the mother to carry to term.

I won’t even entertain arguments that crime is down because the unwanted are killed. “Minority Report” has a double meaning, here.

Here’s an article from The Atlantic – not an “anti-choice” publication, by any standard – focusing on the rape exception.

Let’s face it: the wrong human is killed by abortion justified by reason of rape or incest. If you cringe at that statement, you might want to consider why.

Edit: Comments are closed. Please comment on my Facebook page.

Beverly B Nuckols, MD

I reconsider conspiracy theories

“.#NYTimeline: Pelosi declares a “cover up,” goes directly to meet @POTUS & it’s all “Trump Blows Up Meeting,” “tempestuous clash” & waging “war.” @NYT” (My tweet, this morning)

I’m not into conspiracy theories, because I’ve always doubted that 2 people can keep secrets. But evidently, a larger number can, if motivated like the WaPo, NYT, Brennan, Comey, State Dept., and the adulterous gang McCabe didn’t lead. For a while, at least…

The collusion, if you will, between the media and the Intelligence Community (IC) is pretty obvious and becoming more so by the day.

So, in contrast to my usual skepticism:

I’ll bet that the early 2017 media clique skipped over reports that the President was objecting to the counter investigation. They couldn’t know – or admit to knowing – about the information classified by the Obama administration before the inauguration. Those that might have heard – in all the leaks and reports that “came over the transom” – instead preferred to harp on the President’s denial about the Russian election interference.

It’s no surprise (now) that he was doubting the Intelligence Community from early on: he was hearing about “collusion” at the same briefings where he heard about the Russian election interference. If the IC was lying about one, why not the other?

Where are the BuzzFeed-like exposés about the investigations, the leaks?

There’s a good chance that, as happened here in Texas in the 2018 Senate race, media simply decided to withhold some of the”news that’s fit to print” and spread a little “darkness” (WaPo’s motto) of their own.

Updated information on TRTL, end of life, and money

One Texas Right to Life (TRTL) lawyer has posted an update on Facebook about the “rescue” of Mrs Carolyn Jones. I’m afraid that, as with the declaration that another patient was “slain,” TRTL is gaming the Medicare funding and Texas medical systems for political purposes.

Emily Cook, General Council for TRTL, wrote that she worried that “funny business clinically would happen as we moved her” from the hospital where Mrs. Jones has been admitted for over 6 months, where the docs had weaned her off the ventilator and wanted her to transfer to a more appropriate level of care facility over 2 months ago.

Emily says TRTL spent their own money (*see my last paragraph) to put her in a private ambulance and take Mrs. Jones to another hospital ER. That hospital couldn’t provide dialysis, so they in turn transferred her via ambulance somewhere else, to yet another hospital until admission can be arranged at the nursing home.

Even Lawyer Cook admits that the first move wasn’t “legit.”

Cook-ing the system

There were comments on various sites that the original hospital had refused transfer. However, from what I’ve read, it’s likely the hospital was refusing to be complicit with “patient dumping.” For a hospital to knowingly discharge a patient for the purpose of transferring to the ER of another hospital without (or even with) the acceptance of the transfer from the docs at the other facility is highly irregular, and likely goes against Medicare regulations.

Mrs. Jones’ Medicare funding for the original hospitalization is bound to have run out some time ago. Normally, Medicare will allow 90 days per admission, with an extra 60 “reserve” days, once per person, per lifetime. The patient is responsible for part of the bill from the first day of admission, and for the total hospital costs after the eligible days.

But there are still Medicare regulations to deal with in the case of “Medicare eligible” patients, even when they aren’t paying.

As to the refusal of the original hospital to accept private payment for in-hospital dialysis, there were 2 issues: Medicare funding about privately payment for covered services and the probability that the physician-patiebt relationship would be reset, along with the 10 days in the statute.

Medicare makes it very difficult and risky for everyone to navigate the private pay process. When I had a question in my private medical office about whether Medicare would cover something, we had the patient sign an informed consent agreement and an acknowledgement that the patient might have to eventually pay if Medicare denied the service. Then we performed the service, filed the charge with Medicare, waited to be denied, and then tried to Bill the patient. I gave away a lot tetanus vaccines and removed a lot of moles and warts for free to avoid the risk of “fraud and abuse” from the likes of Janet Reno.

The same risk would have applied if the hospital had privately charged Mrs. Jones’ Dialysis.

I don’t believe the first new hospital is at risk for a charge of “dumping” if they documented a legitimate reason. However, both new hospitals will be able to charge the Jones copays and co-insurance. They may also find Medicare coverage limited because of the way Mrs. Jones left the original.

Another, discussion has concerned the delay in funding from Medicaid:

“Medicaid limits 2019” (a .PDF)

I certainly don’t know the Jones’ financial circumstances, and I may have over estimated the maximum income in early speculation. However, there are strict maximum Medicaid income and asset levels. These vary according to age, disability, and marital status. (Even the government bureaucratic Leviathan doesn’t want the spouse if a nursing home patient to end up indigent.)

In my experience, the social workers and benefits experts at hospitals and nursing homes are experts at negotiating and translating the bureaucracy. In addition, the disabled Medicare eligible person will have access to a benefits specialist. I’ve never had a hospital discharge and nursing home admission blocked by this “paperwork.” Certainly not for months at a time.

*TRTL hasn’t updated their Carolyn Jones fundraising numbers since last week. That “Family Assistance Fund,” part of their 403(c) PAC, (AKA the Educational fund”), has been posted as a little over $33,000, since last Friday.

I hope TRTL assists the Jones family with what is certain to be several enormous hospital bills. As long as they pay the bills directly, the funds won’t be counted as income to Mrs. Jones.

Why does TRTL lie? (UPDATE)

I can’t tell you why, but it’s true: Well below their “Donate Now” banner, Texas Right to Life (TRTL) is shamefully spinning another one of their false stories.
Just as they lied on their website that Chris Dunn was “slain by his doctors,

they now post that a woman, Mrs. Carolyn Jones, had to be “rescued” from hers, “racing” to another facility “in the middle of the night.”

Okay, it’s night in that picture. That and the proper names are the only things they got right.
Mrs. Jones wasn’t “rescued” from the hospital that has been giving her excellent care for over 6 months. Nor were her doctors and nurses “surprised.” that she was able to breathe on her own. After all, they were the ones who weaned her from the ventilator over a month ago.
What was expected was that Mrs. Jones would be transferred out if the hospital where she’s been admitted since November, 2018 to a more appropriate, lower level of nursing care two months ago.
On April 10, Mr. Jones testified to the Texas Senate Health and Human Services Committee that, thanks to the hospital doctors, his wife now needed the ventilator only “occasionally at night.”

The family were given notice that they needed to transfer Mrs. Jones in March. They’ve had another doctor and three facilities capable of providing the treatments she needs waiting to accept Mrs. Jones.

When the family of a hospitalised patient refuses to allow her to be transferred to a more appropriate treatment facility, the attending doctor has no legal means other than the 166.046 process laid out in the Texas Advance Directives Act (TADA). This is the legislation that has been called the “Futile Care Law” in the past, but TRTL likes to call it the” 10 Day Rule,” now, in spite of their rejection of effort after effort, etc., to expand the time frame and increase transparency and assistance. This is the issue that led to the rebuke (.PDF) of TRTL by the Texas Conference of Catholic Bishops and gleefully reported by the liberal press in Texas
The Jones family are real people, scared and hurting. Mr. Jones somehow was misled to believe the lie that “food and water” would be removed. I would have thought that at least one of the many, many lawyers at TRTL would have assured him that that is not legal under Texas law.
Instead, the Jones family’s fears – and your compassion – are being used as a means to TRTL’s political – and fundraising – ends.

And now, TRTL – in direct competition with – and with absolutely no mention of – Mrs. Jones’ family’s GoFundMe campaign – has been raising money in Mrs. Jones’ name. They state that the funds will be used for (TRTL) lawyer’s fees in addition to Mrs. Jones’ healthcare needs and that “excess” funds will go to help (TRTL’S) efforts for other patients.

I hope that TRTL’s money will also be used to pay for the very large hospital and doctor’s bills that the Jones family will receive. While there’s a chance that Texas Medicaid will pay for three months of medical bills, retroactively, Medicare doesn’t pay for hospitalizations over 90 days and has a 20% co-insurance (co-pay).

That’s bound to have added up in over 6 months.

We’ll just have to trust that TRTL won’t lie again.

Beverly B Nuckols, MD

Edit, Updated information:

One of the bloggers has told us more about that “rescue.” (Or today’s story, anyway.)

TRTL put her in a private ambulance and took her to *another ER,* one that couldn’t provide dialysis, so they then transferred her somewhere else.

There were comments about the first Hospital refusing transfer — no, refusing to be complicit with “dumping” a patient. Discharging to without ( or even with) acceptance of the transfer from the docs at the other facility is highly irregular and likely illegal.
Much has been said about funding. Yes. It appears that Medicare funding ran out, so no longer paying. 90 days per admission, with an extra 60 days over, under certain conditions.

About that Medicaid funding: I don’t know the limits of the mandatory asset tests, but the yearly income level is $60,000. One way to adapt is to spend money on medical costs.

Medicare makes it difficult to navigate the private pay process. When we had some question, we got informed consent, promise to pay, then performed the service, filed with Medicare, waited to be denied, then tried to Bill the patient. The risk is always a charge of “fraud and abuse.”

The same thing would have happened if the hospital had privately charged for Dialysis.

(5/20/19, BBN)

Alabama bans all elective abortions

There’s an exception for the life of the mother. Doctors can be prosecuted, but mothers can’t. (Similar to the way we treat assisted suicide: the one who assists can be prosecuted, the victim isn’t, if he survives.)

Twitter is filled today with outraged hashtags: #HumanRights #HumanRightsAreWomensRights and #RoevWade

(I’ve had to create #NoIDidNtSayThat )

Eggs stop being eggs, or part of the woman’s body, when fertilized.

In #RoevWade, Blackmun stated that science doesn’t say when life begins. Louise Brown, the first “test tube baby,” was born just five years later. Any employee of an in vitro fertilization clinic can tell you the difference between the flasks with gametes and the ones containing embryos.

The embryo conceived by human parents is no other species. I can show you proof that he or she is the same human organism from the time the human sperm penetrates the human zona pellucida and enters the oocyte. From that moment, meiosis begins and the embryo refuses all other sperm.

Elective abortion infringes – aggresses – against the human rights of the one killed – and the people who are defrauded into believing the lies.
Everyone’s Human Rights are stronger when we recognize that all are equal & weakened when we call anyone less than human-enough. Disaster always follows.

Our Declaration of Independence declared that all are created equal, and legitimate government is organized to protect our individual rights.

All humans, even new humans, are human-enough to possess human rights.

(Edited typos 5/15/19 9:29PM. BBN)

Life Ethics

Western classical liberal ethics has favored “deciding” that all humans are human-enough to possess human rights. 1.Are they human? 2.Can we kill them? The answers have been increasingly 1. Yes, & 2. No. That’s not #Patriarchy. It’s a good basis for a #sentient, civil society.

HatTip to a FB poster, Clint Stutts, for the questions.

False story about Texas Advance Directives Act (TADA)

I’m a subscriber to the new reader-supported online news site, The Texan which is the project of former State Senator, Konni Burton, having recently paid for the annual subscription. (A heads up: if you click through on all my links, you’ll risk using up all your free views this month.)
But I’m disappointed to see a definite spin in today’s news story about the Texas Advance Directives Act (TADA), even though one of my WingRight blog posts is quoted.

TADA isn’t just for disagreements over whether CPR and ventilator support are “medically inappropriate treatment” It covers any dispute between the doctor and the hospitalized patient when “the attending physician refuses to honor a patient’s advance directive or a health care or treatment decision made by or on behalf of a patient.” (emphasis mine) This could be demand for inappropriate surgery or medications or if the patient refuses to leave the hospital or be transferred after 6 months, for instance.
From all the previous news reports and blog posts, her husband’s testimony to the Senate Health and Human Services Committee, and a few of my blogs, Mrs. Carolyn Jones’ case seems to be a disagreement over whether to transfer her from the hospital, where she’s been admitted and improving for about six months.

Mrs. Jones is not dependent on the ventilator.

In fact, it sounds like Mrs. Jones has had excellent treatment at the hospital,

even after the Committee meeting on March 8.

Mr. Jones told the Texas Senate Health and Human Services Committee that the doctors at the hospital successfully weaned Mrs. Jones from the ventilator.

He also said that three other facilities are ready for her admission.

Drew White, Senior Editor of The Texan, and I communicated by email over the weekend, after I wrote to explain some errors in the news coverage.

I’m happy to see that today’s article by reporter Tony Guajardo quotes both opponents and supporters of TADA and corrected the impression that Mrs Jones is dependent on the ventilator: “She requires dialysis, occasionally needs a ventilator for breathing assistance, and uses a feeding tube.

All of these treatments are routinely provided at lower level of care facilities, other than tertiary hospitals.

And yet, today’s The Texan article still misrepresents this case: “UPDATE: Recovering Beaumont Woman’s Life-Sustaining Treatment to End Due to 10-Day Rule.”

There’s also a quote from Mrs. Jones’ daughter, repeated from the earlier article: “My mom is going to die on Monday because of a law that saves hospitals money.”

It turns out that money and Medicaid paperwork is actually what is keeping the family from allowing Mrs. Jones to be transferred to another doctor and facility. The family is concerned that they (rather than the hospital) will be responsible for the costs of Mrs. Jones’ care.

This is in spite of the fact that when a patient first goes on dialysis, she becomes immediately and automatically eligible to apply for Medicare and Social Security Disability.

Depending on assets and income, patients unable to work on dialysis also qualify for Medicaid and other State benefits in Texas. Medicaid will even pay bills retroactively for three months.

Even more than usual, I double checked all of my information to ensure that I’m right that Mrs. Jones isn’t dependent on hospital treatments – since it was reported in the article that the hospital would withdraw “life-sustaining treatments” at 2 PM, today, May 13, 2013.

The good news is that she isn’t dependent on the ventilator, dialysis is not constant but only 2-3 times per week and paid by Medicare, food and water by the feeding tube can’t be withheld under TADA.

Hopefully, the Jones family will finally agree to transfer her, even if costs them more than her Medicare & Social Security Disability will pay.

Have they no decency?

Now, Texas Right to Life is blatantly lying, posting an article on their website entitled “American hero slain two days before Christmas …”

“slain?”

Far down in the piece, there’s this:

“Chris passed away naturally on December 23, 2015 – two days before Christmas.”

Mr. Dunn died from his metastatic pancreas cancer, on full medical treatments. His mother, Mrs. Kelly actually thanked those who cared for him at the hospital.

Every article on TRTL’s website has a “Donate” button at the top, prioritizing money over the people whose stories they use to raise money and influence the Texas Legislature. Now, we see this completely dishonest caption.

Just what is their mission and how can we trust them?

Hurting patients and families

Facing the life-threatening illness of a loved one is hard enough, without misunderstandings. It’s cruel when people who claim to be helping don’t correct those misunderstandings.
I can’t comment on on Texas Right to Life’s (TRTL’s) recent Facebook post, where the organization is, frankly, spreading falsehoods and perpetuating misunderstandings that are bound to make a difficult process even harder.
The story about the family of Mrs. Carolyn Jones is one I’ve covered before.
I believe that the Jones family could be – should be – reassured about the care and treatment that Mrs Jones is receiving. In my post, today, I would like to further clear up some of the problems in TRTL’s reporting.
Significantly, on April 10, 2019, Mr. Jones testified to the Senate Health and Human Services Committee ( at 52 minutes into the video, near the end) that, on March 8 of this year, after 4 months’ admission, the hospital held what he says was the second ethics committee meeting. After the meeting, the family believes that the hospital informed them that Mrs. Jones needed to be transferred by March 18, or her oxygen, food and water, and dialysis would be stopped.
Why hasn’t anyone told Mr. Jones that withholding or withdrawal of even IV Artificial Administered Hydration and Nutrition (AAHN) is prohibited by the very law he believes should be repealed?
Mr. Jones testified that over the last month, his wife has since been weaned from the ventilator, only needing assistance “sometimes at night.”

I don’t understand why TRTL repeats that a ventilator tube prevents Mrs. Jones from speaking or eating. Mrs. Jones has a tracheostomy in place (the tube we see in the pictures is a feeding tube). The tracheostomy, even when a ventilator is attached, would not interfere with her ability to speak and swallow, with training.

Breathing assistance, AAHN, and dialysis can all be provided by the 3 facilities – and at least one doctor – that have agreed to accept Mrs. Jones as a patient.
TRTL is using the grief of the Jones family to solicit donations and to lobby for a Bill I’ve also written about, SB 2089, that would require “treatment until transfer.”
In this case, the treatment that is disputed is transfer from in-hospital treatment after 5 months to a lower level facility that is able and willing to provide what Mrs. Jones needs.
Comments are closed here. (I just can’t keep up with all the sites.) Please comment on my Facebook page.

End of life or end of hospital stay?

What a tragic story!

While I only know what I’ve seen online, in my experience, it appears that the dispute about Mrs. Carolyn Jones is over continued hospitalization at this hospital, versus transfer to care at another facility.

(See this television news report.)

I’m the first to say that hospitals are scary places and to sympathize with families struggling to cope with the bureaucracy and protocols. However the current news, press releases, and pro-life blogs are reporting several errors and omissions about Texas’s law and legislation up for consideration in Austin.

The obvious errors in this report include:
1. First. It’s not correct that Mrs Jones will die on Monday, even if the ventilator is turned off at the hospital. She’s not intubated through the mouth or nose. Instead, there’s a tracheostomy and a feeding tube in place. Supplemental oxygen could be provided many different ways, at home or in a nursing home.
2. Mr. Jones has testified at the Texas Senate Health and Human Services Committee meeting (EDIT: the video is here, at 52 minutes in) on 4/10/19 and elsewhere that Mrs Jones had been weaned off the ventilator, needing it only occasionally, at night.
2. She should be able to speak and swallow with training.
3. Texas Advance Directives Act doesn’t require that the doctor declare the treatment be “futile.” Instead, the doctor must declare that he refuses to follow a certain treatment decision that the patient or family demands .
4. Kidney dialysis is paid for by the Federal government, so the problem isn’t only funding.

In my admittedly limited knowledge about this particular case – it appears that Mr. Jones disagrees that it’s time to move from the hospital to home or nursing home, even after 5 months (not 10 days).

At least since 2005, legislation has been introduced at the State to increase the timeframe to as long as a month. Texas Right to Life refuses to agree to anything other than indefinite treatment, with the doctor forced to act against his will, violating his conscience and ignoring his medical judgement.

TRTL has even clashed with other pro-life organizations and Texas’s Catholic Bishops and “primaried” several conservative Legislators, although they are the only Texas pro-life group that opposes the law.

It would be good to add more time – I don’t know of anyone who disagrees. But there needs to be a limit to how long a doctor is forced to act against his conscience. One Bill that was rumored this year would change the “10 days” to 21 days and add a week to the notification period before the Ethics committee meets. Unfortunately, it never got past the Powers That Be.

For more on the ethics of the Texas Advance Directives Act, see this WingRight post.

The most urgent need is communication with families, correcting misunderstandings like those outlined here.

(Edited May 10, 2019 at 12:22 AST, to correct the Link to the testimony of Mr. Jones. BBN)

Emergency: Liberty Right Infringement

Texas Right to Life General Counsel Emily Cook is attacking Texas Medical Association on Facebook, even though virtually every other pro-life, medical, nursing, hospital, and disability group in Texas oppose SB 2089 by Hughes, that would change the “Texas Advance Directive Act, “TADA” will harm patients and attack the right of doctors to refuse to act against our conscience.

Here’s a partial list of organizations opposing SB 2089: Texas Medical Association, Texas Baptist Christian Life Commission Ethics, Texas Catholic Bishops, Texas Nurses Association, Texas Society for Anethesiology, Texas Osteopathic Association, Catholic Health Association, Texas Hospital Association, Baylor Scott and White, Texas Teaching Hospitals, Texas Alliance for Life, Coalition of Texans With Disabilities.
The central question isn’t “10 days” or the actions of a “Committee.” Doctors start the process, and under the law, the Committee can only affirm that his decision is medically appropriate or not.
The question is whether a patient can demand that a doctor be forced against her conscience to indefinitely write orders and provide treatment she believes is not in the best interest of the patient because the patient or family wants it?
The patient is near death and in the hospital, so the doctor can’t morally just “fire” him if there’s a disagreement. We all agree that 10 days isn’t enough time for families, and have tried since 2005 to add days to the process – we had a Bill that would expand the time to a month in 2007. (CSSB 439)
But Texas Right to Life would/will accept nothing but indefinite “treatment until transfer.” They keep demanding lawyers, courts and trials for medical decisions.
This is the issue that caused the break between TRTL and the Catholic Bishops.
It would force Drs to violate our conscience, without compromising with a set, limited time frame.

We’ve worked to fix other problems: Artificially administered food and water, even full IV feedings, can‘t be removed. Texas law didn’t even mention DNRs, but last session, we passed an amendment with explicit procedures and informed consent language.

SB 2089 ends the ability for a doctor to “refuse” medically inappropriate treatment, only allows “recommending,” (while being legally required to act against her conscience, harming the patient, prolonging death and increasing side effects, requiring more treatments.)

There’s no leeway, at all, in the new Bill.

SB 2089 specifically says anyone can file a lawsuit in any Court in the County, the Court can’t charge the patient (or surrogates) any fees, and the judge is required to rule in 5 days.

More doctors will limit the number of older or sicker patients to keep from falling under the dispute process and the Court battle.
Even tertiary hospitals – teaching hospitals and big City referral hospitals – will find that their doctors don’t want to accept patients from outlying hospitals.
It will kill tort reform, because it’s designed to get all these cases into Court.
It’s like the Masterpiece Cakeshop case, only bigger, in my opinion, because if doctors lose here, we lose the right to conscience in everything.

If you believe that even doctors have the right of Conscience, and that infringement of the right not to be forced to act against your will is wrong, please contact your Texas Senator and Lieutenant Governor Dan Patrick and respectfully ask that SB2089 not be brought up.

You can let me know if you disagree on my Facebook page.

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