WINNIPEG — The doctor who originally wanted to remove an Orthodox Jewish man from life support last fall has resigned from Winnipeg’s Grace Hospital, saying that “continued support of the patient is tantamount to torture.”

The trial to decide whether the hospital has the right to remove Sam Golubchuk’s life support against his family’s wishes and  religious beliefs is set to begin Nov. 24, almost one year after Golubchuk’s family  initially obtained an injunction against doctors who wanted to remove the 84-year-old from life support.

In an affidavit, Dr. Anand Kumar said he withdrew his services because it is “in violation of  my medical ethics to continue [treating  Golubchuk].” He also said he believes that the “services administered in accordance with the [injunction] order are not of any medical benefit,” and in fact cause harm to Golubchuk because they’re uncomfortable and painful.

In his resignation letter, Kumar wrote, “If we honestly attempt to follow the Court mandate to focus on keeping Mr. Golubchuk from his natural death, we will likely have to continue to surgically hack away at his infected flesh at the bedside in order to keep the infection at bay. This is grotesque. To inflict this kind of assault on him without reasonable hope of benefit is an abomination. I can’t do it.”

On June 3, Grace Hospital made a motion to the Court of Queen’s Bench to  have the trial moved up from November to September because Kumar quit.

Gord McKinnon, the hospital’s lawyer, told the court Kumar’s resignation leaves the facility with only five intensive care specialists.

Dr. Elizabeth Cowden, the hospital’s chief medical officer, said in an affidavit that if other physicians were also to withdraw their services, the intensive care unit “may be forced to close.”

The court also heard from the hospital’s lawyers that Golubchuk is “barely above a vegetative state,” and that nurses are also experiencing a great deal of stress in providing care that they believe is harmful to a patient’s dignity.

The lawyer for Golubchuk’s family, Neil Kravetsky, responded that Golubchuk’s condition is no worse than it was several months ago, and that it has actually improved from last November, when the court first issued the injunction preventing the removal of Golubchuk from life support.  

Kravetsky noted that the hospital could have appealed the injunction to a higher court but did not do so.

He also said that because he is a sole practitioner, he will not be ready to conduct the trial at the earlier date. He emphasized that the complex case will involve bringing in out-of-town medical experts, and that moving up the date would leave him with inadequate time to properly prepare his case. He also has another trial set for September.

Kravetsky argued that the idea other intensive care specialists at the hospital may follow Kumar’s lead in resigning is “merely a hypothetical.”

In any event, he said, the case will take months to go through the courts, particularly since it’s unlikely that a judge would render a decision immediately after a trial.

Chief Justice Marc Monnin is expected to make a decision regarding trial dates shortly. In the meantime, the injunction remains in force.

Golubchuk has been in the intensive care unit since last October, when he was  admitted suffering from pneumonia and pulmonary hypertension, and was put on life support Nov. 3.