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Withholding Treatment from Defective Newborns

Published online by Cambridge University Press:  27 April 2021

Extract

The birth of Siamese twins to a Danville, Illinois physician and his wife on May 5,1981, renewed the recurrent debate on the morality, ethics, and legality of euthanasia for severely defective newborns. The twins, Jeff and Scott Mueller, were joined below the waist and shared the lower part of their digestive tract and three legs. Later studies revealed internal anomalies as well. At birth they were in critical condition, suffering from respiratory distress, and were not expected to survive more than a few days.

A note written by a nurse, and countersigned by Dr. Petra Warren, reading “do not feed in accordance with parents’ wishes” was entered on their hospital chart. Several nurses disobeyed the order and fed the infants. As the twins continued to live, against expectations, word of their birth spread. An anonymous caller informed the Illinois Department of Children and Family Services that they were being starved to death.

Type
Legal Problems of Medical Practice
Copyright
Copyright © American Society of Law, Medicine and Ethics 1982

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References

Siamese Turns’ Case Devastates MD's. American Medical News, October 9, 1981 at 1.Google Scholar
Health Centers Start Study to Determine Birth Defects’ Cause. New York Times, October 5, 1981.Google Scholar
Robertson, J.A., Dilemma in Danville. Hastings Center Report 11(5):5 (October 1981).Google ScholarPubMed
Shaw, A., Dilemmas of “informed Consent” in Children, New England Journal of Medicine 289:885 (October 25, 1973); Duff, R. Campbell, A.G.M., Moral and Ethical Dilemmas in the Special Care Nursery, New England Journal of Medicine 289:890 (October 25, 1973).Google ScholarPubMed
Robertson, J.A., Involuntary Euthanasia of Defective Newborns: A Legal Analysis, Stanford Law Review 27:213, 217 (1975).’Google ScholarPubMed
Id. at 245.Google Scholar
Id. at 244.Google Scholar
Milunsky, A., ed., Genetic Disorders and the Fetus: Diagnosis, Prevention, and Treatment (Plenum Press, New York) (1979) at 94.Google Scholar
Id. at 379.Google Scholar
Kolata, G.B., Prenatal Diagnosis of Neural Tube Defects, Science News (September 12, 1980) at 1216.Google Scholar
Commonwealth v. Edelin, 359 N.E.2d 4 (Mass. 1976). See also Robertson, J. A., Medical Ethics in the Courtroom, Hastings Center Report 4:1 (September 1974).Google Scholar
Fletcher, J., Abortion, Euthanasia, and Care of Defective Newborns, New England Journal of Medicine 292(2):1, 75 (January 9, 1975).Google ScholarPubMed
Id. at 76.Google Scholar
Id. at 77.Google Scholar
Holder, A.R., Circumstances Warranting Court-Ordered Medical Treatment of Minors, Am. Jur. 24 Proof of Facts 2d 169 (1980).Google Scholar
Application of Cicero, 421 N.Y.S.2d 965 (Ct. App. 1979).Google Scholar
Houle v. Maine Med. Ctr., Super. Ct., Cumberland County, Maine, Dkt. No. 74-145 (February 14, 1974).Google Scholar
In re Custody of a Minor, 379 N.E.2d 1053, 1060 (Mass. 1978).Google Scholar
In re Guardianship of Phillip B., 50 U.S.L.W. 2133 (September 8, 1981).Google Scholar
Down's Syndrome and Sibling Love, New York Times, November 19, 1981, at C1.Google Scholar
Gustafson, J.M., Mongolism, Parental Desires, and the Right to Life, Perspectives in Biology and Medicine 16(4):529 (Summer 1973).Google ScholarPubMed
Holder, , supra note 15, at 178.Google Scholar
Supra note 4.Google Scholar
Sherlock, R., Selective Non-Treatment of Defective Newborns: A Critique, Ethics in Science and Medicine 7:111 (1980).Google ScholarPubMed
Fletcher, J., Indicators of Humanhood: A Tentative Profile of Man, Hastings Center Report 2(5):1 (1972).Google Scholar
Papal Allocution to a Congress of Anesthetists, November 24, 1957, Acta Apostolica Sedis 1027, 1957.Google Scholar
Strong, C., Can Fluids and Electrolytes be “Extraordinary” Treatment? Journal of Medical Ethics 7:83 (1981).Google ScholarPubMed
McCormick, R.A., To Save or Let Die: The Dilemma of Modern Medicine, Journal of the American Medical Association 229(2):172 (July 8, 1974).Google ScholarPubMed
In re Quinlan, 355 A.2d 647, 659 (N.J. 1976).Google Scholar
Robertson, , supra note 5, at 235.Google Scholar
Duff, Campbell, , supra note 4, at 894.Google Scholar
Srahlman, M.T., Ethical Dilemmas in Perinatal Medicine, Journal of Pediatrics 94(3):615 (March 1979).Google Scholar
Rickham, P.P., The Ethics of Surgery on Newborn Infants, Clinical Pediatrics 8:251 (1969).Google Scholar
Shaw, , supra note 4, at 885.Google Scholar
British Medical Journal 282:925 (March 21, 1981).Google Scholar
Ackerman, T.F., Meningomyelocele and Parental Commitment: A Policy Proposal Regarding Selection for Treatment, Man and medicine 5(4): 291 (1980).Google ScholarPubMed
Current Opinions of the Judicial Council of the American Medical Association(AMA, Chicago) (1981) at 8.Google Scholar
Smith, D.H., On Letting Some Babies Die. in Death Inside Out, Hastings Center Report (1974).Google Scholar
Robertson, , supra note 5, at 262-63.Google Scholar
Superintendent of Belchertown State School v. Saikewicz. 370 N.E.2d 417 (Mass. 1977).Google Scholar
Relman, A.S., The Saikewicz Decision: Judges as Physicians, New England Journal of Medicine 298:508 (1978).Google ScholarPubMed
In re Quinlan, supra note 31, at 669.Google Scholar
See, e.g., cases cited supra notes 16 through 19 and accompanying text.Google Scholar
Burt, R.A., Authorising Death for Anomalous Newborns, in Genetics and the Law, Milunsky, A. Annas, G.J., eds. (Plenum Press, New York) (1975).Google Scholar
See Gustafson, , supra note 21, and accompanying text.Google Scholar
Jonsen, A.R., Critical Issues in Newborn Intensive Care: A Conference Report and Pollicy Proposal, Pediatrics 55(6): 756, 763–64 (June 1975).Google ScholarPubMed
Robertson, , supra note 3, at 8.Google Scholar
British MD Acquitted in Infant Death Case, American Medical News, December 11, 1981 at 17. Also see Acquittal of Pediatrician Charged after Death of Infant with Doug Syndrome, Lancet, pp. 1101–02 (November 14, 1981).Google Scholar