Mario and Ana Patricia Torres filed the suit Sept. 30, claiming their son Nick is alive and that hospital staff rushed to make a decision about removing his life support.
Nick has been in intensive care since Sept. 24, when he was found unconscious in a bathtub.
A medical team pronounced Nick dead Sept. 30 and recommended the family take him off life support. In court documents cited by CNN, Texas Children’s said it is an “indisputable medical fact” that the infant’s body is “showing signs of postmortem deterioration.” The hospital also said Nick is showing progressive signs of organ failure.
The Torres family is arguing that Nick’s heart is still beating on its own and that he should receive more time to recover. They sought an injunction against Texas Children’s, which was denied. However, a judge has given the family more time to file an accelerated appeal.
A panel of three Texas judges are expected to make a decision about the case after both sides present their evidence, which is due by Oct. 7 at 5 p.m.
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