A Manitoba lawyer has asked the judge to consider evidence from American doctors in the case of an elderly man whose family wants to keep him on life support, despite his doctors.

The family of Samuel Golubchuk, 84, believes it would be a sin under the Orthodox Jewish faith to "hasten" his death by removing a ventilator and feeding tube, as recommended by his doctor late last year.

The family had obtained a temporary court order to thwart doctors' plans to remove life support, and the fight became public in December when the family asked the Court of Queen's Bench for an extension.

Lawyer Neil Kravetsky, who represents the family, argued Friday to have affidavits from two U.S. doctors who have looked at Golubchuk's medical charts to be entered as evidence in the case.

"As they read through it, they found that it wasn't as grim as described."

The doctors believe Golubchuk is showing signs of improvement, Kravetsky said. They also believe his Winnipeg doctors have not done proper neurological tests, he said.

"Where there's life, there's hope. And there is life, and there's improvement," he said.

Decision expected next week

Bill Olson, the lawyer representing the Grace General Hospital and one of doctors who has been treating Golubchuk, says the matter comes down to who has the final decision in such a case.

"The issue is, does this treating physician have the right to make the judgment call?" he said. "He or she has to live with it, and if they make the wrong call, then there are consequences to those physicians."

If medical matters like this one are constantly challenged in court, then judges, not doctors, will be making treatment decisions, Olson said.

Justice Perry Schulman said he will make a decision next week either only on the admissibility of American doctors' evidence, or on the entire case.

Golubchuk was first taken to the emergency department at the Winnipeg hospital in October with heart problems and pneumonia, but he was also dealing with brain injuries from a fall four years ago.

After a month of hospitalization, his doctors felt his condition was irreversible and nothing more could be done. The doctors told Golubchuk's family of their decision to withdraw life support.

Golubchuk's son and daughter decided to fight the decision. According to the family's religious beliefs, removing life support would be tantamount to murder, Olson has said.