Beaten baby now focus of life support legal challenge

Beaten baby now focus of life support legal challenge
Juan Lopez Rosales (Source: LMDC)
Juan Lopez Rosales (Source: LMDC)


A legal challenge continues over who should determine when a baby is taken off life support.

The father, Juan Alejandro Lopez Rosales, 24, is accused of beating his two-month-old infant.

Attorneys representing Kosair Children's Hospital have asked a judge for permission to end life support for Isaac Lopez. Doctors testified there is no chance for recovery during testimony in court Monday.

The infant's family wants to keep Isaac's body functioning.

Doctors testified the child is brain dead.  "We feel as if we're being asked to keep life support and life sustaining measures on a body that can not return to life," Dr. Aaron Calhoun said.
Attorney Leslie Bates is representing the baby's family and argued the hospital has no right to make that decision.
"They are not the parent. The parents' rights have not been terminated. The parent is still the boy's mother. And it is her decision," Bates said.

Police arrested Lopez Rosales June 30 on charges of criminal abuse after doctors found his son suffered a skull fracture.



The day before the arrest, Louisville Metro police homicide detectives were called to Osier Children’s Hospital when the baby was brought there with life threatening injuries to his head.

When questioned by detectives, Lopez Rosales said he found Isaac on the sofa shaking with his eyes rolled back. He later admitted that he hit Isaac's head on the wall while leaving the house and five days earlier had hit the infant's head on the bathtub while bathing him.

Lopez Roasales is expected to be back in court August 26 for a pre-trial conference.

Judge Judith McDonald-Burkman is waiting for a brief from the attorneys to determine if Kosair has the right to request that the child be taken off life support.

The attorneys have until Friday, July 18 to submit briefs.

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