The Beginning or the End? Neonatal Ethics: Janet Buckner's Recommended Readings
Many panelists have included reading material that they strongly suggest is read to facilitate discussion. All reading material is available online in either in Adobe Acrobat (pdf) format, MS Word format (doc), or as a hyperlink to an external site (where applicable).


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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