Life Or Death Battle

Feb. 28-A life or death decision could be hanging in the balance for a child.

Little Brett Shively Junior was rushed to the hospital after a terrible accident where he nearly drowned in a bathtub.

Now his family is fighting to bring the little boy home.

A hearing is scheduled Wednesday in District Court to decide whether or not a Wichita hospital can remove the ventilator keeping the two year old boy alive.

Brett's family says, "We just believe that we're the best people to decide his care."

His family is pitted against Wesley Medical Center over what's best for his care.

The boy, who just turned two, hasn't awakened from a coma since a near drowning accident more than three weeks ago.

Shively Family Attorney Dana Milby says, "We have a family who's in complete agreement on how to best care for this child, and we have a hospital fighting to enforce it's own opinion on what it thinks is the best thing for this child."

A temporary restraining order keeps Wesley from pulling the plug on the boy's life supporting ventilator.

A judge will decide if that order should continue.

The Shively's attorney says "This is despite the fact that this is blatantly against the parents wishes. And that the parents have a doctor who has agreed to provide followup care. They have a home health agency in place ready to provide care for Brett Jr. at home. "

They say there's no reason the boy can't go home and be cared for.

Brett Jr.'s Grandmother Glenda Shively says, "They have predetermined that he can not recover even though we have been sent documented cases of people that have had the same diagnosis and have months down the road recovered. And that's why we're asking them to allow him to go home for us to care for him until that has time to take place."

She says the hospital is assisting Brett's life by providing oxygen and nutrition and says his organs are functioning and undamaged.

But they say Wesley wants to declare Brett Junior brain dead and remove life support.

Wesley Medical Center issued a statement saying, ""We understand this tragic accident has left the Shively family distraught. We're sorry they have chosen to take this case to a hearing. But we're sympathetic to their needs during this very difficult time."

The judge could rule at Wednesday's hearing.