Preview

Pros And Cons Of Baby Doe Law

Better Essays
Open Document
Open Document
1955 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pros And Cons Of Baby Doe Law
There is only one group of people in the United States that are required and forced by law to accept medical treatment. The argument is that this group of people are not rational autonomous individuals and that they are not able to give free and informed consent.

In 1984 Congress amended our laws to mandate that all infants born in the United States receive medical care. No matter how sick or disabled, all newborns must be treated regardless of the wishes of the parents. This law is known as the Baby Doe Law. The law came about as a result of a baby born with Down Syndrome whose parents declined surgery to fix a tracheo-esophageal fistula, leading to the baby's death. The law is intended to protect the rights of the disabled. Prior to 1984 children born with a disability were not given aggressive treatment if their parents chose against it for any reason or if doctors deemed it inappropriate. But did federal law go too far in its effort to ensure that children were not allowed to die simply because they had a disability? Did Congress write a law that was overly restrictive? Concerns about a child's quality of life, which are often the primary factors in deciding to withhold medical treatment from
…show more content…
Allowing a 22 weeker to live for 2 weeks and then being found to not have brain damage, is a child who would otherwise have been left to die solely on the basis on their gestational age. Preemies believed to have been born at 22 weeks have statistical risks of multiple disabilities. However, many life long disabilities are not diagnosed until long after discharge. Major disabilities like blindness or cerebral palsy, are diagnosed in the first two years, school-age preemies run a risk of having behavior difficulties, ADHD or learning disabilities that cannot be diagnosed in early

You May Also Find These Documents Helpful

  • Good Essays

    Landmark case law

    • 1824 Words
    • 5 Pages

    U.S. 261 (1990) was a United States Supreme Court case argued on December 6, 1989 and decided on June 25, 1990. In a 5-4 court decision, the court found in favor of the Missouri Dept. of Health. The court affirmed the ruling of the Supreme Court of Missouri. However, it upheld the legal standard that competent persons are able to exercise the right to refuse medical treatment under the Due Process Clause and its implied right to privacy. Because there was no “clear and convincing evidence” of what Nancy Cruzan wanted, the court upheld the state’s policy.…

    • 1824 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In biomedical ethics, the concept of patient autonomy versus is a huge consideration. This autonomy is often contrasted with what is called medical paternalism. Medical paternalism refers to physicians acting in regards to what they feel is best for the patient without much regard to the patient’s true wishes. It is the intervention of an individual’s right of action justified by reasons referring to the welfare and/or interest of that individual. While medical paternalism may…

    • 645 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    A couple filed a court case against doctors, technicians, and any one health related who gave them a misdiagnosis of their son Bryan Mejia in Palm Beach County in September of 2011. Mejia was born without limbs and no one informed the parents about the issue at hand during the pregnancy. If the parents would have known that their child would be born with disabilities then they would have aborted their child in the beginning of them pregnancy. According to Klaire & Heffernan:…

    • 182 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Most babies are born around the 40th week of pregnancy. Only 3% of babies arrive exactly on time. Some are a week early or a week late. Babies who are born earlier than the 37th week are known as premature. Premature babies are likely to need more time to reach the same developmental targets as babies born around the 40th week. Many people think that babies are helpless when they are born, but in reality they are born with the ability to do a quite a few things. They can recognise their mothers voice and smell. They are able to cry to let everyone they need help. They also actively learn about their new world through their senses, particularly touch, taste and sound.…

    • 5576 Words
    • 23 Pages
    Better Essays
  • Good Essays

    We all enjoy our right to autonomy, the freedom to express what can be done to us, the right for self-determination. “Autonomy is based on a person’s ability make rational choices concerning their own life and choose for themselves. They must be treated with respect without interfering with their ability to determine their own paths and make decisions for oneself” (Vaughn 9). The freedom of autonomy gives patients the right decide their healthcare decisions without the influence of the values of their physicians, their colleagues, or society (Schwartz 105).…

    • 818 Words
    • 3 Pages
    Good Essays
  • Better Essays

    In his essay, The Refutation of Medical Paternalism, Alan Goldman states his argument against a strong doctor-patient role differentiation, in which the doctor may act against a patients’ immediate will in order to carry treatment in the patients’ best interest. Goldman frames his entire argument around the single assumption that a person’s freedom to decide his future is the most important and fundamental right as he claims “the autonomous individual is the source of those other goods he enjoys, and so is not to be sacrificed for the sake of them.”[1] He claims that the majority of people would agree that they are the best judges of their own self-interest and that there is innate value in the freedom to determine one’s own future. On this foundation, he begins by describing the criteria under which paternalism might be justified.…

    • 1575 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Now a days a major concern which is affecting communities on overall pertaining to childbirth is preterm births in the United States of America. In fact, preterm births and low birth weight have negative consequences not only for the infants and their families but also on the society. Actual delivery before 37 weeks of gestation is the primary concern and low birth weights have a major impact on the functional domains, such as cerebral palsy, chronic lung disease, and hyperactivity disorder.…

    • 452 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    March of Dimes Outline

    • 848 Words
    • 4 Pages

    E. Global Programs- since 1998, they have partnered with local organizations in 33 developing countries on four continents…

    • 848 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Have you ever thought about how difficult it is for a baby to be born without low birth weight, prematurity, or birth defects? After visiting the March of Dimes website I learned that over 460,000 newborns in the United States alone are born prematurely. I am a parent of a premature infant and I know firsthand how hard it is to get find answers and get assistance for a disabled child. I gave birth to my son at only 23 weeks of gestation. He was severely underdeveloped and required many surgeries. With the assistance of supportive organizations and medical research, the lifesaving surgeries were performed immediately. Afterwards I researched to find out just what organizations helped to fund the research needed for the surgery my child had undergone. I found that the March of Dimes, Mother’s March and WalkAmerica were just three of the well-known organizations in the United States, and around the world, that funded such research. Each of these organizations main focus is putting an end to prematurity and each work to make their name known through their individual websites.…

    • 616 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    · Problems during pregnancy and birth – Learning disabilities can result from anomalies in the developing brain, illness or injury, fetal exposure to alcohol or drugs, low birth weight, oxygen deprivation, or by premature or prolonged labour.…

    • 1579 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    ECE 332 Week 2 DQ 2

    • 445 Words
    • 2 Pages

    This pack of ECE 332 Week 2 Discussion Question 2 Complications at Birth consists of: Chapter Four of the text focuses on the birth process and newborn stage of life. For this discussion question, select two complications that may occur at birth (preterm, oxygen deprivation, etc.) and review the developmental outlook for infants born under such circumstances. Describe interventions that may support a more positive developme...…

    • 445 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Now a day a major concern which is affecting communities on overall pertaining to childbirth is preterm births in the United States of America. In fact, preterm births and low birth weight have negative consequences not only for the infants and their families but also on the society. Actual delivery before 37 weeks of gestation is the primary concern and low birth weights have a major impact on the functional domains, such as cerebral palsy, chronic lung disease, and hyperactivity disorder (Brooks-Gunn J., McCarton C. M., Casey P. H., McCormick M. C., Bauer C. R., Bernbaum J. C., Tonascia J. (1994).…

    • 790 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Health Care Reform

    • 1432 Words
    • 6 Pages

    There is so little contradiction that government should be engaged in one way or another in creating a solution that gives Americans in need of medical assistance the right to life, liberty and the continued pursuit of happiness. The disagreements come in recognizing the failure of government to properly handle other socialized systems, the amount of government oversight that should be imposed, and the coverage that should be part of any comprehensive national healthcare solution.…

    • 1432 Words
    • 6 Pages
    Good Essays
  • Good Essays

    However, it can be viewed as encroaching on citizens’ rights to self-determination, since the law requires everyone to buy health care, if they want to or not. A quote from Anthony Vecchione’s article Debating the Ethical Implications of the Affordable Care Act, can further explain this accusation when it says, “Some critics of the ACA argue that the controversial individual mandate -- which requires American who meet certain criteria to purchase health insurance -- is unethical.” This goes to show that the particular problem people tend to have with the ACA is that citizens are forced to pay for certain resources, that one might view as unnecessary. Nonetheless, Dr. Sorrell sums up the ethics of the Affordable Care Act, and shows how now through this act disabled people can benefit from…

    • 797 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    One main factor of the economic development and stability of a country are their population growth. If a country has concerns about their population growth and its effect on political stability, resources available, dependency ratio and economic impact, then the country’s government will either try and increase the population growth by enforcing a pro-natalist policy or try to decrease the growth by enforcing an anti-natalist policy. A pro-natalist policy encourages the bearing of children to increase the fertility rate and population growth (Dictionary.com 2014). For example, France in 1939 passed various policies to try and encourage their population to have children. The decline in their fertility rate raised concerns about the socioeconomic implications of population aging and the long-term prospect of population decline (Geography AS Notes 2013). On the other hand, an anti-natalist policy is aimed to decrease the total fertility rate to slow the population growth (Geography IBHL, 2010). China, for example, in the 1970s enforced a number of policies to slow the population growth rate and reduce the fertility rate in order to combat environmental, economic and social problems that their increasing population was causing. In this essay I will discuss both China’s and France’s governments’ attempts to control their population and how successful their attempts were.…

    • 1656 Words
    • 6 Pages
    Powerful Essays

Related Topics