Amy Forliti of the Associated Press has an excellent report on a court ruling that has significant implications for medical privacy and decision-making.
In this case, parents of a 13-year old boy diagnosed with Hodgkin’s lymphoma — and the boy himself — refused to complete a recommended course of chemotherapy, opting instead for natural healing methods.
The court found that the parents had medically neglected their son, despite being loving parents, and ordered the child to have tests which may lead to further rulings that he undergo chemotherapy. The fact that the boy is refusing the treatment raises additional complex issues. Certainly this is not the first time parents have been taken to court for not providing traditional treatments recommended by physicians. Often, the parents’ religious beliefs are involved. In this case, the parents are Roman Catholic, but believe that needles and treatment are an assault on the child and wish to employ other approaches.
But what about the child’s wishes? At age 13, should he have the right to refuse treatment? It has been suggested that he does not understand how ill he is and that he is not capable of giving informed consent. But what if he does understand and still chooses to refuse chemotherapy? Should his wishes be respected?
The following court documents are available online, all in .pdf format:
In the Matter of the Welfare of the Child of Colleen Hauser and Anthony Hauser:
Findings of Fact, Conclusions of Law, and Order (4-15-09)
Transcript of Daniel Hauser’s Testimony (4-15-09)
Daniel Hauser’s Final Argument (4-12-09)
State’s Memorandum of Law (4-12-09)
The Guardian ad Litem’s Final Argument (4-12-09)
Final Argument of Colleen and Anthony Hauser (4-12-09)