Joseph Maraachli v. Victoria Hospital (Ontario)

One-year-old Joseph Maraachli has been at Victoria Hospital in London, Ontario, since mid-October, suffering from a "severe and progressively deteriorating neurological state."  Doctors concluded that Joseph has no prospect of recovery and will only continue to deteriorate.  Accordingly, they decided to remove his breathing tube, which is keeping his airway clear of fluids and secretions on which he would otherwise choke.

But Joseph's parents, Sana and Moe, are opposing this decision.  This is not a typical futility dispute.  The parents are not demanding additional aggressive treatment.  They recognize Joseph is dying but just do not want that to happen at the hospital.  They want doctors to perform a tracheotomy, so they can take Joseph home.

The Maraachlis have retained a lawyer and gone before the Consent and Capacity Board of Ontario.  Following a hearing last week, the CCB sided with the doctors. Joseph's breathing tube was scheduled to be removed at 10 a.m. Friday.  But the parents have appealed (and thereby stayed) that ruling to the Superior Court.