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  • Title: Ross v. Hilltop Rehabilitation Hospital.
    Author: U.S. District Court, D. Colorado.
    Journal: Fed Suppl; 1987 Dec 31; 676():1528-44. PubMed ID: 11648243.
    Abstract:
    Hector Rodas suffered a stroke and almost total paralysis following intravenous drug use. Unable to speak or swallow, Rodas was fitted with a gastrostomy tube for medication, nutrition, and hydration. He communicated by moving his head or using a letter board. Four months after the stroke, he requested withdrawal of the tube. Both his doctor and hospital opposed the request but waited more than two months before petitioning the court for guidance. They were sued on the grounds that their unilateral decision to override Rodas's wishes during this two-month period violated the federal Rehabilitation Act, as well as his civil rights. In dismissing the complaint, the federal district court ruled that Rodas might have lacked the requisite mental capacity to refuse treatment, that the civil rights claim failed because defendants were not publicly funded, and that the Rehabilitation Act did not apply because there was no evidence suggesting Rodas had been discriminated against.
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