A Golubchuk doctor quits

RHONDA SPIVAK

In a recent development in the Samuel Golubchuk case, the doctor who originally wanted to remove the Winnipeg man's life support system last November has resigned from the Grace Hospital, saying that "continued support of the patient is tantamount to torture."

The trial to decide whether the hospital has the right to remove Golubchuk's life support against his family's wishes and religious beliefs is set to begin Nov. 24. On Wednesday, June 3, Grace Hospital made a motion to the Court of Queen's Bench to ask that the trial in this matter be moved ahead, from November to September, on the basis that Dr. Anand Kumar has quit working for the hospital rather than continuing to treat Golubchuk in accordance with a court injunction.

In an affidavit, Kumar said he withdrew his services because it is "in violation of my medical ethics to continue [treatment of Golubchuk]." He also stated that he believes that the "services administered in accordance with the order are not of any medical benefit" and, in fact, cause harm to Golubchuk because these services are intrinsically uncomfortable and are, by their very nature, painful.

Defence lawyer Gord McKinnon told the court that Kumar's resignation leaves Grace Hospital with five intensive care specialists.

In his resignation letter, Kumar wrote: "If we honestly attempt to follow the court mandate to focus on keeping Mr. Golubchuk from his natural death, we will likely have to continue to surgically hack away at his infected flesh at the bedside in order to keep the infection at bay. This is grotesque. To inflict this kind of assault on him without reasonable hope of benefit is an abomination. I can't do it."

Dr. Elizabeth Cowden said in an affidavit that if other physicians were to withdraw services as Kumar has done, the intensive care unit at the hospital "may be forced to close."

The court heard from the defence that Golubchuk is "barely above a vegetative state" and that nurses are experiencing a great deal of stress in providing care they believe is harmful to the patient's dignity.

The lawyer for the Golubchuk family, Neil Kravetsky, responded that Golubchuk's condition is no worse than it was several months ago and that it has actually improved from last November. Kravetsky noted that the hospital could have appealed the court's decision to issue the injunction to a higher court, but did not do so.

Kravetsky said that he is a sole practitioner and will not be able to conduct the trial at the earlier date. He emphasized that the complex case will involve bringing in out-of-town medical experts and that moving up the date would leave him with inadequate time to get witnesses and properly prepare his case.

Kravetsky argued that the idea that other intensive care specialists at Grace Hospital might follow Kumar's lead in resigning was "merely a hypothetical."

He added that this case would likely take months to go through the court system, particularly since it was unlikely that the trial judge would render a decision immediately after the trial. Chief Justice of the Court of Queen's Bench Marc Monnin agreed that following the trial it was likely a judge could reserve a decision in the matter for months and that, in the meantime, the injunction would continue to be in force.

Monnin is expected to make a decision regarding trial dates shortly.

Golubchuk has been in the intensive care unit since October 2007, when he was admitted suffering from pneumonia and pulmonary hypertension and put on life support Nov. 3.

Rhonda Spivak is a Winnipeg freelance writer.

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