Family’s battle with hospital over ‘brain dead’ son to be decided in Texas court

Nick Torres was found unresponsive in bathtub in September

A family’s battle against hospital doctors to keep their “brain dead” baby on life support will be decided in a Texas court (Courtesy)

A family’s battle against hospital doctors to keep their “brain dead” baby on life support will be decided in a Texas court on Wednesday.

The family of 10-month-old Nick Torres have been embroiled in a legal fight with Texas Children’s Hospital since he was found unresponsive in a bathtub last month.

Nick’s parents, Mario and Patty Torres, argue his heart is still beating on its own and have asked a judge for more time to find a hospital that will take the youngster.

On Monday an appeals court in Harris County, Texas, gave the family until Wednesday to submit all evidence in the case.

The family filed an emergency appeal on Sunday after a judge last week rejected a temporary injunction and gave the hospital permission to take Nick off life support on Monday.

Nick’s mother, Patty Torres, has taken to social media and begged supporters to help her keep her son on life support.

“I want to leave it to God, for God to decide if he wants to take him,” she said.

“I want God to decide, not the hospital, not the court, not nobody.”

The family’s lawyer, Kevin Acevedo, has said he will take the case all the way to the Supreme Court if necessary.

During a court hearing last Friday doctors from the hospital testified that Nick was officially declared deceased on 30 September after no brain waves were found during tests.

“We're protesting for more time for the judge so that way they can at least find another hospital they can take the child to,” said Mark Torres, Nick's uncle.

“We're hoping for a miracle. We are praying for a miracle.”

Hospital bosses said in a statement they sympathised with the family’s heartbreak.

“Our hearts are with the entire Torres family as they go through this unimaginable situation,” the hospital’s statement said.

“We know losing a child is incredibly difficult for any family. Texas Children's seeks to provide the most compassionate and appropriate care possible to every patient we serve.”