Texas Children's Hospital willing to release baby Nick, according to attorney

HOUSTON, Texas (KTRK) -- An attorney for Texas Children's Hospital said they are willing to release baby Nick Torres to his family, according to the attorney's office representing the family.

"They have told us that they believe, it's possible the hospital may be open to delivering baby Nick to the parents, releasing the baby, so the baby could be taken home and be cared for by the parents in hospice," said Kevin Acevedo, an attorney representing the family from The Gonzalez Law Group.

The announcement comes after Acevedo sent a letter to Texas Children's Hospital demanding the child either be fed nutrients or be released to go home with the family after more than two weeks on a ventilator.

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In a statement from the Gonzalez Law Group, they said the Texas Children's Hospital attorney called Acevedo and told him that the hospital won't have any problem if baby Nick is taken home for hospice.

The Harris County Medical Examiner has approved Nick's release, which was required by law.

The 10-month-old has been in the hospital since Sept. 24 after being found unresponsive in a bathtub. Doctors at Texas Children's Hospital said he was declared dead on Sept. 30 when they found no brain function.

SEE ALSO: District judge grants more time for 10-month-old baby on life support
The family has argued their child is still alive.

WATCH: ABC13's Shelley Childers' previous report on Baby Nick
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Watch the video above to see what Nick's lawyer had to say about the Harris County Court of appeal denying their emergency appeal from earlier this week.



"His heart is still beating. Apparently, his temperature is still being regulated by some part of his brain. He may be unconscious but he is not fully brain dead," said Acevedo.

The family attorney said they are now working with Harris County Judge Lina Hidalgo's Office to give authority to the Medical Examiner through the rule of compassion to make an exception and release baby Nick to his parents.

When ABC13 reached out to Texas Children's Hospital for a statement on this announcement from the family attorney, the hospital released the following:

At Texas Children's Hospital, providing compassionate, medically-appropriate care is a cornerstone of what we do. It is our care team's unanimous medical opinion that there is nothing further that can or should be done for this child.

As the 14th Court of Appeals noted in its decision today, the physicians followed current medical standards of care and determined the child has an irreversible cessation of his spontaneous brain function. This is a point that the family has not disputed in court. Texas law regarding declaration of death is unambiguous, and, "this undisputed evidence proves that N.T. is dead." With respect to releasing the child's body home to the family, Texas Children's is obligated to, and will, follow the Medical Examiner's instruction and Texas law

Texas Children's will continue to follow the court's orders in hopefully reaching a resolution to this tragic situation soon.


The video above is from a previous story.

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