Maine Medical Center v. Houle Docket No

74-15 (Superior Court Cumberland Maine, 1974)

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Nature of the Case

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Facts

A male child was born without a left eye, a rudimentary left ear with no ear canal, a malformed left thumb, and a tracheal esophageal fistula. The child was unable to eat. The hospital recommended that the boy undergo surgery to correct this problem. This child's father did not want the surgery and ordered the hospital to stop intravenous feeding. A TRO was issued to authorize the hospital to keep the child alive and stable and in a viable condition and to prevent Houle (D) from issuing any orders which in the opinion of the attending physician, would be injurious to the current medical situation of the child. The situation of the child began to deteriorate quickly, and without the surgical correction of his tracheal problems, the child would certainly die, but due to the recent problems, he would have some degree of permanent brain damage and be blind in both eyes.