Disclaimer: I do not own any of the ER cast just Ashleigh, DJ, Marianna, Mr. Simpson, Judge Brady and the idea for the story.

A/N: A.L.S- Amyotrophic Lateral Sclerosis(Lou Gehrig's Disease)- a progressive wasting away of certain nerve cells of the brain and the spinal column. It is a debilitating disease that affects movement, swallowing, speaking, breathing, and sometimes vision. There is no cure and the prognosis is death.

This story is dedicated to the memory of one of my favorite actors who passed away from the disease. Michael Zaslow, I miss you.

Any talking being done by Dave is via a talking computer.

Part 11

The next morning, Ashleigh was having a hard time getting DJ off to school.

Ashleigh: DJ, you've been in that bathroom for over half an hour. I hope that means you're ready for school.

DJ: I told you Nana, I'm not going to school today.

Ashleigh: Yes, you are!

DJ: No, I'm not! I'm going to the hospital with you. I want to see poppy.

Ashleigh: Alright DJ. Then poppy is going to want to know why you're not in school.

DJ: I'll tell him that I wanted to be with him.

Ashleigh: No good.

DJ: Why not?

Ashleigh: Because you promised him you were going to be a doctor when you grow up. In order to be a doctor, you need to go to school. If you skip school, Poppy's going to think you broke your promise to him. You know how sacred a promise is to a Malucci. You don't want to hurt him, do you?

DJ: No. Then what should I tell him?

Ashleigh: I think you should just go to school and I'll have Nancy pick you up afterwards and bring you over, okay. Poppy's still going to be there.

DJ: You don't know that for sure. What if he isn't?

Ashleigh: Is that what you're worried about? That you're poppy will die while you're at school.

DJ nods with tears in his eyes.

Ashleigh: Come here, baby.

Ashleigh runs over and picks the upset little boy up in her arms and comforts him.

Ashleigh: If you go to school today, I'll see if I can work something out with your teachers so you can stay with your poppy and still do your school work. What do you say?

DJ:( gulps) I'll go along with that.(wipes his eyes)

Ashleigh: Well then you better get into the car so we can get on our way and you won't be late.

After dropping DJ off at school, Ashleigh arrives at the hospital to visit Dave. Randi stops her at the desk and tells her that Dave went down for some tests. Dr. Greene left word that she can wait in the lounge until he's brought up. Ashleigh enters the lounge and is confronted by several staffers on break.

Ashleigh: Sorry, I didn't mean to intrude.

Haleh: No girl, come over and sit down.

Chuny: We were just talking about some of the stunts Dave pulled when he worked here. He certainly kept Dr. Weaver on her toes and off all the rest of our backs.

Yosh: Yeah, until she up and fired him. She no longer had Dave to pick on so the nurses were the next to take the heat.

Elizabeth: Ashleigh, help yourself to some coffee and donuts.

Ashleigh: Thank you. I had a hard time getting DJ off to school this morning so I missed breakfast. He didn't want to go. I've never seen him like that before. He usually loves to go to kindergarten.

Jing-Mei: Maybe it's everything going on with Dave. It's hard on all of us, seeing Dave like that. It's got to be devastating for a little boy.

Ashleigh: Especially one that is so close to his poppy like he is to Dave.

Haleh: Not to change the subject, but, Ashleigh if DJ is so smart and he obviously is, then why is he still only in kindergarten?

Ashleigh: That was Dave's idea. Once the school discovered DJ's high I.Q. they were going to advance him a couple of grades. Dave wouldn't allow it. He wanted DJ to go through school at a normal pace and not be pushed through the system, like he was. Dave knew a few of times he should have been left back and wasn't. He says if he was maybe he wouldn't have turned out the mess that he is today. I keep telling him he is not a mess, but he doesn't believe it. You might disagree with me and that's alright cause everyone has their own opinion, but Dave was a good doctor. I wouldn't have trusted another doctor with DJ's care, no offense. When Dave started getting sick and knew he wasn't able to give DJ the proper medical care, we got him his own pediatrician. But I double checked everything the doctor said with Dave.

Elizabeth: Ashleigh, I noticed that Dave has the remains of small bruise on his cheek. I saw it when I operated on him. What happened?

Ashleigh: Before Dave was catheterized, Marianna and I were bringing him back from the bathroom. We lifted him up out of his wheelchair and put him in his bed, a few months ago we couldn't have done that, but, now since he weighed just a little more than DJ it was easy. Anyway, Nancy was picking DJ up from school and Marianna was cooking dinner for us, spaghetti, DJ's favorite. She left a pot boiling on the stove and went to get it. Then the phone rang and I went to answer it. Neither one of us put the guardrail up on Dave's bed, I only had my back turned for a second. I guess, Dave had a muscle spasm or seizure that propelled him out of the bed. He was on the floor when I got to him. He apparently hit his jaw on the nightstand next to his bed. I took him to Mercy. His doctor said there was a small hairline fracture in his jaw. Easily fixed by wiring the jaw shut. Problem was it meant anesthetizing Dave. The doctor was worrying about putting Dave under a general anesthetic in his delicate condition. He said if I just keep an ice pack on it until the swelling goes down, and since Dave didn't talk or eat very much anymore, the jaw would stay immobilized and heal on it's own.

Mark: I'll make sure we get an ice pack for him.

Ashleigh: Thank you.

Just then the lounge door flew open and Lydia ran in.

Lydia: Dr. Malucci's sats are dropping.

Everyone jumped to their feet and ran into Dave's room. Ashleigh thought this was the end and DJ knew it. That's why he was so insistent on coming today. If Dave dies and DJ is at school, Ashleigh didn't know how she would forgive herself.

Inside Dave's room, Kerry, Malik, Luka and Abby were already working on their fallen ex-colleague.

Mark: What happened to him?

Kerry: He's had a grand mal seizure, double pneumo-thorax.

Mark: Vitals?

Malik: Pulse- 58; BP- 80/60; Respiration- 8

Luka: Chest tubes in place. Give him 100cc Dilantin. We have to get the seizure under control.

Within minutes of receiving the Dilantin through his IV, Dave stopped convulsing and settled down. They got his heart rate under a steady rhythm and his blood pressure was going up, but, he was in severe respiratory arrest. He was no longer able to breathe on his own. Dave regained consciousness and stared at Ashleigh with tears in his eyes thinking that this was the end.

Ashleigh: It's alright, baby. I'm right here. (holding his hand)

Carter came rushing through the doors and saw Luka bagging Dave.

Carter: Is there anything I can do?

Kerry: Yeah, Carter, prepare an intubation tray.

Both Dave and Ashleigh's eyes nearly popped out and Dave kept shaking his head. NO! NO!

Ashleigh: Dr. Weaver, you can't do that! He doesn't want it. Can't you see that?

Mark: Ashleigh, does Dave have a DNR on his medical record.

Ashleigh: No. We didn't think it would be necessary since he has a living will made up.

Mark: A living will?

Ashleigh: Yes, it's at the lawyer's. It was misplaced in a box of files that was going to be moved to a new office and never notarized. We found it but it still has to be signed off by a notary public.

Luka: But, he definitely has one, then.

Ashleigh: Legally no, but...

Kerry: TUBE HIM!!!

Ashleigh: Please don't. I promised him.

Kerry: There is no standing DNR on his file.

Ashleigh: So, I'll put one on there now.

Kerry: You can't. Your not legally married to him.

Ashleigh: Then Dave can give the okay.

Kerry: Dave is in no condition to do that.

Ashleigh: He's lucid. His mind still functions as well as it always has. He knows what he wants.

Kerry: Only a blood relative can put a DNR on a patient.

Ashleigh: What about DJ? He's a blood relative.

Kerry: DJ isn't here, besides he's a minor. Where's Dave's sister?

Ashleigh: She still hasn't gotten back from Italy yet, but I'm going to try to reach her.

Carter started to intubate Dave and he resisted. Even though he had very limited use of his hands and could barely move, Dave fought the tube with all his strength that he had left.

Kerry: Give him some Versed. We're going to have to paralyze him. Malik, get some soft restraints.

Malik looked at Kerry and shook his head in disbelief.

Kerry: Go, Malik!

As Malik and Haleh started to tie Dave down, Lydia led Ashleigh out of the room. Ashleigh walked outside the hospital and tried to contact Marianna on her cell phone.

About 20 minutes later, Kerry walked out of Dave's room and saw Ashleigh on a bench nearby, being comforted by the other ER staff.

Kerry: Were you able to reach Dave's sister?

Ashleigh: (giving Kerry a disgusted look) Yes, but the only flight she could get from Italy on short notice has a layover in California. She's there waiting for her connecting flight to O'Hare. How could you do that to him? You knew that is not what he wanted but you did exactly what YOU wanted.

Kerry: I have an obligation to my patient. He wasn't able to breathe and I was compelled to help him. The law is on my side. Until his sister arrives, there's nothing else that you can do for him, but be there for him.

Ashleigh: You know everyone, when Dave came home 2 years ago after you fired him he told me what happened. He said you didn't like him and he called you a nazi dyke. I told him he was exaggerating. You both were upset and said things you didn't mean. But I was wrong, you really do hate him. If you didn't, you wouldn't have done this to him. You wouldn't have deliberately defied his wishes. You can play the great savior if you want Dr. Weaver, but, it's all for nothing. Dave is dying and you can keep pretending as if keeping him on those machines are going to make a difference, but Dave is still... going.... to die and there's not a damn thing you can do about it. Dave was right about you, Kerry, you are cold- hearted. Dr. Greene, can I please go to him now?

Mark: He's just coming out of the Versed and will probably be a little groggy, but yes, you can go in.

Ashleigh: Thank you. Excuse me, everyone.

Kerry is met with numerous disagreeing faces and angered looks as Ashleigh pushes by her and heads into Dave's room. She can't help but follow her back into Dave's room. Ashleigh walks over to Dave's bedside. Dave is barely conscious, has an ice pack on his jaw, the tube taped in his mouth and his hands in restraints.

Ashleigh: Hi, baby. How you doing?

Dave starts to groan and murmur trying to speak and starts thrashing in the bed.

Ashleigh: Look, can you at least take the restraints off him. He can't use his computer if he's tied up.

Kerry: I can't do that.

Ashleigh: Why not?

Kerry: If I untie him, he'll pull out the respirator tube.

Ashleigh: He can barely lift his arms, let alone pull out a tube.

Kerry: If there's a way to do it, trust me, Malucci will find it.

Dave starts murmuring again.

Ashleigh: I know baby. I'm going to call our lawyer and get a court order to have that machine removed.

Dave continues to thrash and struggle in the bed and shoots a dirty look over at Kerry.

Ashleigh: Dave, wants you to leave. You're upsetting him. If you do care anything about him, you'll leave us alone.

Kerry leaves the room while Ashleigh tries to calm Dave down. When Dave falls back to sleep, Ashleigh tiptoes out of the room and outside the hospital to phone their lawyer.

Mr. Simmons, Ashleigh's boss and their lawyer said he will call the judge and arrange a meeting. Kerry, who knows Ashleigh is serious about her threat heads down to the courthouse to defend her decision. About 2 hours later, Kerry and Ashleigh meet outside Hon. Judge Brady's chambers. Neither says a word to the other while they wait. Mr. Simmons arrives and starts to talk to Ashleigh when Marianna shows up.

To be continued. Please read and review