A Florida judge on Tuesday rejected the latest petition asking that a hospital be ordered to administer ivermectin to a woman extremely ill with COVID-19, The Palm Beach Post reported.
Palm Beach County Circuit Judge James Nutt, for the second time in three days, rejected the petition and asked that attorneys representing the husband of 47-year-old Tamara Drock and those for Palm Beach Gardens Medical Center try to resolve the dispute, the Post reported.
Ryan and Tamara Drock both contracted COVID-19. Although Ryan recovered — he took ivermectin — his wife has been hospitalized and is in the intensive-care unit and is receiving oxygen.
Ryan Drock wanted the judge to order the hospital to give Tamara the drug, which doctors say hasn't been found effective against COVID-19.
The parasite-fighting drug hasn't been approved by the U.S. Food and Drug Administration for use to treat patients with COVID-19.
"The parties are directed to confer and, if possible, agree how this matter can expeditiously proceed to final resolution," Nutt wrote.
The judge added that if the correct legal papers are "squared away," he would be willing to hold a hearing to explore why Drock might benefit from ivermectin.
Nutt's decision on Tuesday came three days after he ruled that attorneys for Drock's husband didn't use the correct legal procedure and asked them to amend their lawsuit.
Attorney Jake Huxtable on Monday filed a motion asking Nutt to reconsider his decision.
"The court's understanding of the issue and relief requested is incorrect and utterly misguided, respectfully," Huxtable wrote.
The judge, however, said that the petition Huxtable filed is to be used to quickly resolve disputes over the use of life-sustaining medical procedures, such as feeding tubes — it doesn't give patients the right to ask a judge to overturn a doctor's medical judgment.
"It is not a right to demand a particular treatment. It is not a right to substitute one's judgment as to which treatments must (be) made available by others," he wrote. "There is no right, constitutional or otherwise, of a patient to substitute one’s judgment for a medical professional."
Nutt said he would consider a new motion filed correctly by Huxtable.
The attorney has insisted that Ryan Drock, as his wife's legal representative, has the constitutional right to accept the advice of another doctor, who has agreed to administer ivermectin.
Dr. Bruce Boros, a retired Key Largo cardiologist, has written a prescription for ivermectin for Tamara Drock, Huxtable said in court papers.
Boros, though, doesn't have privileges at Palm Beach Gardens Medical Center.
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