- Herald Sun
November 24, 2008 02:52am

Killer bureaucracy ... Nathan Garcia, pictured with friend Miranda Lindsay, has been denied access to a new medical development that could save his life.
- Dying boy, 6, has half a heart
- Needs back surgery so heart can improve
- Hospital says it must evaluate procedure first
A SIX-year-old boy with only half a heart is dying as red tape prevents Melbourne's Royal Children's Hospital surgeons giving him an operation and a chance to save his life.
As well as hypoplastic left heart syndrome, Nathan Garcia suffers from scoliosis - a condition that has deformed his spine and now places so much pressure on his arteries and lungs he is unable to undergo life-saving surgery to re-rout his half a heart before it stops beating.
Royal Children's orthopaedic surgeons had planned to place a new type of metal rod in Nathan's back to ease his scoliosis, improve his heart and lung function, and hopefully make him healthy enough to undergo the heart surgery.
However, the hospital's New Technologies Committee has refused permission for the operation. It says processes have not yet allowed it to evaluate and approve the French-designed Phenix Rod for safe use, and instead Nathan has been placed in palliative care.
Nathan's distraught mother, Monique Garcia, said her son would be dead or too crippled for the operation before the red tape cleared, and was appealing for the decision to be reversed for a one-off operation.
"They say it might be OK to use in a few months, but I'm terrified he'll be dead in two months," Ms Garcia said.
"Normally I would accept the process of approval, and it is warranted, but it doesn't have a place in this situation - he is going to die anyway.
"We have a surgeon who is wanting and trying to save his patient's life, but on the other side we have red tape, and I don't think anything should get in between a doctor and the welfare of their patient. He will die if he does not have this operation - and soon."
Nathan has been supported in hospital by best friend Miranda Lindsay, who regularly visits him.
Royal Children's orthopaedic surgeon Dr Ian Torode and director of cardiac surgery Dr Christian Brizard met the Phenix Rod's inventor, Arnaud Soubeiran, in Paris last month to discuss Nathan's case.
Royal Children's spokeswoman Julie Webber said the committee was examining the use of the Phenix Rod and a decision about its suitability as a treatment for Nathan would be made in his best interests.
"The decision will be made around what is in the best interests of the child," she said.
Your Say
If the operation goes ahead and the child dies will the parets sue? The medical board are scared of this happening. Sad reality of life.
Posted by: Glenn of Melbourne 4:11pm today
Comment 29 of 29
"In the Best Interest of the Child" well I think that should be left up to the parents to make that dissection, not a board room who would be looking at another case number. I am an Australian and have been living outside of Australia for the past 11 years in China. Very sad to say but this is another perfect example of what I always ask, who is living in a communist country? Monique please stay srong never give up and people of Melbourne Victoria, get behind this young boys dream of living.
Posted by: Glenn Baldock 4:05pm today
Comment 28 of 29
Are there any other surgeons out there who'd like to have a go, slicing and dicing this terminally ill boy? Now is the perfect oppertunity to try any crazy new procedures you've got. Lets face it - the parents are desparate and will accept anything that you recommend, and the public don't mind if you use sick children for scientific experiments. Hell - they demand it! You'll get paid whether your idea works or not. What could go wrong?!? (Well, maybe the kid will die - but who cares - he was going to die anyway. If you fluke it, and help the kid, you will be more famous and richer! There is no risk! Surely this dying kid wouldn't mind using his last few breaths to inflate your wallet.) RIGHT EVERYONE?
Posted by: frightened of medical experiments 4:02pm today
Comment 27 of 29
If it was the parent refusing to have this operation, they would be criminally charged. If this poor little boy dies because he is denied this treatment, they should charge the people who denied this surgery to him. It seems like it is way to easy for them to hide behind their clipboards and take no responsibility for the devastation they are causing this poor family! Good Luck Nathan, hope you win mate!
Posted by: Michelle of null 3:46pm today
Comment 26 of 29
I agree with Samantha, comment 10. The point of this process is to promote patient safety not to differ operations. That is the point of government, accountability, leadership and process. If everyone came to the hospital with a print out from the net of some half baked procedure, you would have increased deaths, blown out waiting lists as well as more people suing the doctors because "they are in a position of trust to inform the patient of the right direction for their situation". It is sad that he may die and without any help he certainly would anyway, but hopefully he will survive and get a quality procedure done and then live a happy life. Stories like this, while depressing, may bring some attention to the fact that hospitals are also understaffed and underbudgeted and this could bring some positive results. But I wouldn't hold my breath on it.
Posted by: Paully of Brissy 3:43pm today
Comment 25 of 29
This beautiful child should be given the option of living. Red tape does not belong in this situation.
Posted by: Dion of Perth, WA 3:26pm today
Comment 24 of 29
Guy of Adelaide (comment 8), you are right to a certain extent about the people who get to put processes in place. My husband is a Senior Principal Civil Engineer working for Main Roads. He is faced every day with frustrating processes that hinder him from doing his job. Processes put into place by, as you say, clerical staff and high placed admin staff that do not have the required degree in Civil Engineering to come up with such processes. The Public Sector has highly qualified staff with years of experience whose every move is also met with red tape so please dont tar the whole system with the 'get rid of them' brush. They have to come up with these process to keep lay people of the general public happy when they want answers regarding road safety etc from the equally lay Politicians who have to say what the voters like to hear (not to mention in Brisbane the Public Sector bashing Courier Mail) All one big Political, Public Liability fearing farce really.
Posted by: corinne of Brisbane 3:12pm today
Comment 23 of 29
I simply cannot believe this! There is an option available that may give young Nathan a chance at life ... and he should be given it. How dare they condemn him to death.
Posted by: another heart mum of Newcastle 2:51pm today
Comment 22 of 29
the human life has no value anymore. god help us all
Posted by: marlene bortoli of central coast 2:46pm today
Comment 21 of 29
Just put the damn rod in already! ... jebus...
Posted by: David W of Brisbane 2:33pm today
Comment 20 of 29
There is some amzaing medical technology out there, not all of it is beneficial to every, or even any patient. Just because the French has approved it does not mean it will guarantee the boy a positive outcome. The medical board will respond in time I'm sure.
Posted by: Mr M of bne 1:15pm today
Comment 19 of 29
If the headline read, "Surgeons testing experimental surgery on terminally ill children" then how would you all feel? The New Technologies Committee is here to ensure the humane treatment of people so we don't treat them like lab rats, regardless of the parent's desires. Neither party can say for sure he'll be dead in two months and the doctors seem to be more informed in this case, "Royal Children's orthopaedic surgeon Dr Ian Torode and director of cardiac surgery Dr Christian Brizard met the Phenix Rod's inventor, Arnaud Soubeiran, in Paris last month to discuss Nathan's case."
Posted by: Nick 1:12pm today
Comment 18 of 29
God bless this little boy and his family and friends. If Nathan's doctors and surgeon are supporting this procedure and the family want it, then the hospital needs to back down and butt out. At times such as this decisions need to be made quickly. It is NOT in the best interests of the child to delay. Red tape has its place, but the time to act is NOW. May sanity prevail. Best wishes Nathan ... you are a little trooper. I am praying for you.
Posted by: Elizabeth of Queensland 1:10pm today
Comment 17 of 29
This is the unfortunate impact of the amount of medical litigation in our society. No-one will take a chance, the hospital must go through an exhaustive review and evaluation process because if things go wrong they would be looking at a multi million dollar law suit. This is the health system the public has demanded through their own actions. It's a shame some of the innocent victims will be children.
Posted by: Shane 12:54pm today
Comment 16 of 29
This is the sort of typical luddite, blinkered thinking that Keeps Australia in the technological dark ages. ""The decision will be made around what is in the best interests of the child," she said" Julie Webber, if this was your child you'd just about move heaven and earth to get anything done to help it. Best interests of the child my eye... Moreso the least letigious course of action of the hospital to avoid any damages claim. If the child is doomed without this procedure, then with the procedure, is hardly likely to make anything worse,.. god australia you make me sick. Land of the introverted and home of the technophobe.
Posted by: Steve K of Perth/Hong Kong 12:38pm today
Comment 15 of 29
This boy has nothing to lose, and so much to gain if this procedure is successful. The hospital should stop worrying about the 'wotif' it doesn't work, and start thinking abouth the 'wotif' it does work.
Posted by: V of Darwin 12:34pm today
Comment 14 of 29
Totally agree Samantha (comment 10). Even if the parents agree to sign away all their rights to litigation if anything should go wrong there are still countless ways to get around this and sue the hospital anyway. The hospital system has some serious shortcomings but in this sort of scenario they're stuffed either way.
Posted by: Damien 12:32pm today
Comment 13 of 29
If it was a family member of the committee, I am convinced that it would be rushed through. If there is a small chance this little boy may survive this surgery to endure a life-saving operation, shouldn't it be allowed? Shouldn't he at least be given a chance. The alternative is obviously much worse and cruel all-round. If its that risky and the hospital are concerned about litigation, couldn't the parents sign some kind of waiver, just so that their son has a chance at life?? So much for our educated idiots running the world; most have lost sight of the simple things!
Posted by: MumB 12:14pm today
Comment 12 of 29
I bet if it was their child it would be a different story, any mother/father would give life to save the life of their child, my heart goes out to the family and I give my strength to the little boy, keep fighting buddy.
Posted by: Karen of Adelaide 11:57am today
Comment 11 of 29
If the operation is proven overseas and the doctors in charge of the patient are convinced it is in the best interests of the patient, then cut the red tape and let this happen. However, don't let it become a precedent for any future desperate attemtps to prolong life without going through proper assessment procedures.
Posted by: Allan of Gold Coats 11:56am today
Comment 10 of 29
Doctors/hospitals are damned if they do and damned if they don't. On the one hand it may be unsafe to proceed with an operation that is not yet deemed safe and that they have no experience with and on the other the parents are saying that her child cannot wait 2 months while this procedure is evaluated. In this age of litigation - if this hospital went ahead with this unevaluated procedure and the child died the parents and their lawyers would be suing for millions for wrongful death. I am sure the hospital is doing what they can to keep this child alive and in as little pain as possible. He is lucky compared to millions of children in other countries who would not even have the chance of this type of care let alone the prospect of being 'saved'. Hospitals & doctors just cannot win or keep everyone happy... I am sure that they are doing this in the best interests of this child and at the moment and that his life is less at risk right now than if they proceed without more investigation of the risk. The way that the media portrays every article in the most negative and controversial light is getting very tedious.
Posted by: Samantha 11:56am today
Comment 9 of 29
What Julie Webber really means is "who is going to pay for this"?????? How about the media focus on her and the committee!!! and not just the committee...get the names of everyone on it and print them so we all know who is really responsible for what happens to Nathan. good luck mate!
Posted by: Robert of Brisbane 11:13am today
Comment 8 of 29
The saddest thing is the people who created the process are clerical staff who got promoted by means of brown nosing and backstabbing, have no real skill or clinical experiences but are just plain bureaucrats. We need to get rid of the state governments, they are useless and are a waste of money.
Posted by: guy of Adelaide 11:11am today
Comment 7 of 29
What a load of bollocks. Its in the child's best interest to ensure a life lived as long as possible which this rod will extend! Placing him in palliative care is a definete death sentence and is in no shape or form "in the child's best interest". As stated, the committee is just wants the child to die a painful death in palliative care, outside of their responsibilities, than risk anything negative happening with the rod. If they choose not to go through with it, I am going to forgo my annual $10k donation to the hospital. I donate my money to save children, not to let them die because of red tape. That is a principle I cannot forgive
Posted by: Paul 11:06am today
Comment 6 of 29
Surely if the parents are aware of the potential complications and agree for the procedure (however groundbreaking in Australia it is) to go ahead, the red tape should be cut. However I suppose this is what comes from having to pander to so many money grabbing, public liability squawking ignoramuses. All the payouts that have occured add another metre to the red tape. Great hey?
Posted by: Corinne of Brisbane 11:06am today
Comment 5 of 29
We need to petition to get action.
Posted by: Nicole of melbourne 10:32am today
Comment 4 of 29
Seems like an easy one to me. When is it ever in a patients best interests to die? The only flaw I could see is if the rod caused untold amounts of pain but thats only speculation. If the rod wont cause some other kind of debilitation in its own right I say go for it!
Posted by: da of Sydney 9:19am today
Comment 3 of 29
This is appalling. A childs life hangs in the balance. Stuff this red tape and get on with it. I pray he makes it and is allowed to have the operation. If it was one of their kids would the situation be different ????
Posted by: Nat 9:14am today
Comment 2 of 29
What a buggered up system
Posted by: Nathan of Hobart 9:11am today
Comment 1 of 29