Court requires DHR to medically assist boy they ruled braindead

National

A restraining order issued to DHR requires them to medically care for a six-year-old injured in an ATV accident while the family seeks a hospital transfer

Giancarlo Guerrero (source: Priscilla Chapa)

HIDALGO COUNTY, Texas (KVEO) — An ATV accident has left one boy fighting for his life and a court case deciding how it will be dealt with.

On August 24th, an ATV accident north of Edcouch left three people hospitalized and six-year-old Giancarlo Guerrero with severe injuries.

Giancarlo Guerrero and his mother, Priscilla Chapa (source: Priscilla Chapa)

Since the accident, Guerrero has received treatment for his injuries at Doctor’s Hospital at Renaissance (DHR) in Edinburg.

Although his condition was originally listed as stable, Guerrero’s mother said DHR quickly ruled out hope for him.

“Since the get-go, they’ve kind of just had us like ‘he’s stable, he’s good, it’s going to be a long recovery, but you know he’s stable,” said Priscilla Chapa, Giancarlo’s mother. “Then two days later they said ‘well we’re not seeing too much activity’ and it reached a point where he was brain dead to them,” said Priscilla Chapa, Giancarlo’s mother.

Chapa would not accept the hospital’s ruling on her son and attempted to transfer Guerrero to another hospital but claims she was denied by DHR from doing so and ran into financial issuees.

She decided to take the case to court on Thursday.

In a court affidavit issued on Thursday, Chapa asks for the court to allow Chapa to move her child to another hospital and issue a restraining order on DHR forcing them to provide medical care for Guerrero over the course of the court case.

According to the affidavit, Chapa requested a transfer for Guerrero to a hospital in San Antonio but DHR denied to comply.

On the same day, The 464th Judicial District Court did issue a restraining order on DHR.

hc courthouse.png
The 464th District Court heard this case virtually on Zoom

The restraining order prohibits personnel at the hospital from refusing to provide medical care to Giancarlo Guerrero.

On Friday, the court heard arguments from both sides of the case.

During the hearing, DHR agreed to provide medical assistance for Guerrero until September 25, at which point Guerrero will be moved from the hospital or DHR will have authority over what to do.

However, DHR acknowledged that if Guerrero suffers heart or breathing failure during the 14 day period, no resuscitation measures will be provided.

DHR also affirmed that they will not deny a transfer to another hospital if the child’s mother chooses to do so.

Additionally, Chapa and family members are ordered to stop making disparaging comments about DHR on social media.

With these matters settled, both sides agreed to non-suit this case and settle the rest of the matters out of court.

The GoFundMe for Guerrero’s hospital expenses can be found here.

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