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Civil Rights
Act (45CFR, 1984) Principles for Treatment of Disabled Infants and
Guidelines for applicability ("Baby Doe Regulations").
A.
"Health care providers
may not, solely on the basis of present or anticipated physical
or mental impairments of an infant, withhold treatment of nourishment
from the infant who in spite of such impairment will medically benefit
from the treatment or nourishment" (1653).
B.
"Consideration
such as anticipated or actual limited potential of an individual
and present or future lack of available community resources are
irrelevant and must not determine the decisions concerning medical
care" (1652).
C.
"This standard
is very strict and it excludes consideration of the negative effects
of an impaired child's life on other persons, including parents,
siblings and society". Only when "medical care is futile
and only prolongs the act of dying" may treatment be withheld;
in doubt if treatment is medically beneficial "a presumption
always should be in favor of treatment" (1652).
The
Council on Ethical and Judicial Affairs of the American Medical
Association general principles include:
§
Quality of Life. In the making of decisions for the treatment of
seriously deformed newborns "the primary consideration should
be what is best for the individual patient
and not the avoidance of a burden to the family or to society. Quality
of life is a factor to be considered in determining what is best
for the individual. Life should be cherished despite disabilities
and handicaps, except when the prolongation would be inhumane
and unconscionable. Under
these circumstances, withholding or removing life supporting means
is ethical provided that the normal care given an individual who
is ill is not discontinued. (I,III,IV)
American
Academy of Pediatric Policy Statements include:
·
If the viability of
the infant is unknown, or if the curative value of the treatment
is uncertain, the decision to initiate or continue treatment should
be based only on the benefit to the infant that might be
derived from such action. It is inappropriate for life-prolonging
treatment to be continued when the condition is incompatible
with life or when the treatment is judged to be futile.
·
Decision makers have
the ethical and legal right to adequate information about
reasonably available diagnostic and therapeutic options (including
risks, benefits, nature, and purpose of the options).
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