EFE Obtains Court Order Allowing Man with Mental Illness to Receive Requested Life Saving Treatment
Download/View a Petition for Preliminary Injunction (Word Doc)
Download/View an Affadavit in Support of Petition for Preliminary Injunction (Word Doc)
Darrell, a man with mental illness living in a nursing home was experiencing liver failure as a result of his long-term use of psychotropic medications. To maintain his health, he needed dialysis three times a week at the local hospital. When it was discovered that he also had late stage cancer, his father, who was Darrell's guardian but rarely visited his son, decided to terminate the dialysis and let his son die. Darrell, however, was aware of his situation and asked to continue treatment. A social worker acquainted with the case contacted Equip for Equality to seek help in protecting Darrell's right for continued dialysis. She told EFE that Darrell would die quickly if he lost his treatment and action needed to be taken promptly.
EFE spoke to Darrell who specifically requested dialysis and indicated why he needed and wanted it. Within a day, EFE prepared a Petition for a Preliminary Injunction, affidavits, and arranged for witnesses to be present for the hearing. The next day, the court entered the injunction requiring the guardian to comply with Darrell's wishes and allow the dialysis. The hospital, however, was reluctant to abide by the order because the attorney believed that the hospital, which was located in Indiana, was outside the jurisdiction of the Illinois court. EFE persuaded the attorney that the hospital was indeed bound by the order under the Full Faith and Credit Clause of the U.S. Constitution, and the hospital soon relented to the order and administered the dialysis.
Darrell lived for nine more days. His mother, who had maintained close contact with her son for decades, related to EFE that Darrell's last days were spent with her and his siblings and that the extra days obtained through EFE's efforts brought the family precious time, peace and closure.
