Specifically, as an anencephalic infant, Baby K is permanently unconscious. Outraged, President Ronald Reagan ordered the Department of Health and Human Services to withhold any federal funding from hospitals that withhold medical care in order to allow disabled infants to die. We are bound to interpret federal statutes in accordance with their plain language and any expressed congressional intent. When a statute is clear and unambiguous, we must apply its terms as written. Baby K was born on October 13, 1992, at Fairfax Hospital in Virginia. As the Hospital acknowledged during oral argument, Baby K resides at the nursing home for months at a time without requiring emergency medical attention.
I would consider anencephaly as the relevant condition and the respiratory difficulty as one of many subsidiary conditions found in a patient with the disease. However, if resort must be had to our courts to test the appropriateness of the care, the legal vehicle should be state malpractice law. Brooks, Department for Rights of Virginians with Disabilities, Richmond, Virginia, for Amicus Curiae Department for Rights of Virginians with Disabilities; Walter A. Baby K died aged 2 and half of a heart attack - making her one of the longest lived anencephalic infants in medical history. An appeal to the Indiana Supreme Court resulted in a 3-1 vote to let Baby Doe die.
Baby K left the hospital when she was seven weeks old. Uniform treatment of emergency medical conditions would require the Hospital to provide Baby K with the same treatment that the Hospital provides all other patients experiencing bradypnea or apnea. On the day of Baby Theresa's death, her mom and a surgeon appeared on a show to try and change the law. K, joined in the Hospital's request for a declaration that the Hospital is not required to provide respiratory support or other aggressive treatments. Advancing the proposition that anencephaly, as opposed to respiratory distress, is the emergency medical condition at issue, the Hospital concludes that it is only required to provide uniform treatment to all anencephalic infants. Thus, she has no cognitive abilities or awareness.
Requests to give Baby Doe food and water temporarily so that the case could be appealed to the U. Rather, without regard to professional standards of care or the standards embodied in the state law of medical malpractice, the hospital would have to provide treatment indefinitely--perhaps for years--according to a novel, federal standard of care derived from the statutory stabilization requirement. In Baby Doe's case, the birth defect was a correctable condition that would have allowed to him to eat normally. It may be against her faith, but she should think about the child. If, as the Hospital suggests, it were only required to provide uniform treatment, it could provide any level of treatment to Baby K, including a level of treatment that would allow her condition to materially deteriorate, so long as the care she was provided was consistent with the care provided to other individuals. Guardian ad litem appointed by the court and Baby K's father agreed on the same principle. In fact, anencephaly may be one of the few medical conditions that all doctors agree is futile to treat.
Therefore, to the extent that Sec. As a result of this impasse, the Hospital sought to transfer Baby K to another hospital. Bronson Health Care Group, Inc. In sum, a straightforward application of the statute obligates the Hospital to provide respiratory support to Baby K when she arrives at the emergency department of the Hospital in respiratory distress and treatment is requested on her behalf. Right to Life of Michigan maintains an extensive file on the Baby Doe case, if you would like more information please contact our at 616-532-2300. Where do you stand in this debate? Most anencephalic infants die within days of birth. It is unknown whether these claims are true from a factual perspective.
What does this do to the rates for others covered by the same company? H insisted that Baby K be provided with mechanical breathing assistance whenever the infant developed difficulty breathing on her own, while the physicians maintained that such care was inappropriate. About 1000 anencephalic babies are born in the United States each year. It cannot plausibly be interpreted to regulate medical and ethical decisions outside that narrow context. They say that, by donating the newborn's organs, they feel that the pregnancy would at least have had some value: their own loss can be another family's gain. Faccio un tuffo sotto il sole Fa già un caldo che si muore Questa estate non si dorme Me la bevo come un cocktail Questo ritmo che mi muove I problemi sono altrove Le cuffie sulla testa Viaggio sotto l'ombrellone Prendiamoci le stelle Che il resto non ci serve Uscire e fare le sette Ho voglia di andare più forte Non ci basterà questa notte Voglio vedere le luci dell'alba cambiare colore Voglio ballare con te, soltanto con te Non chiedo la luna ma un ballo con te Lasciamoci tutto alle spalle io e te Fino a che nasce il sole Spengo tutto per due ore Che mi scordo anche il mio nome Bevo birra col limone Senza ghiaccio per favore Andiamo non so dove Diplomiamoci in hangover Scottiamocii la pelle poi cambiamoci colore Prendiamoci le stelle che il resto non ci serve Almeno fino a settembre Ho voglia di andare più forte Non ci basterà questa notte Voglio vedere le luci dell'alba cambiare colore Voglio ballare con te, soltanto con te Non chiedo la luna ma un ballo con te Lasciamoci tutto alle spalle io e te Fino a che nasce il sole Le giornate così lunghe Notti sempre troppo corte Che ti svegli sulla spiaggia Col rumore delle onde E mentre la notte finisce Dimmi che male c'è Se mentre ballo con lui io penso ancora a te Ho voglia di andare più forte Non ci basterà questa notte Voglio vedere le luci dell'alba cambiare colore Voglio ballare con te, soltanto con te Non chiedo la luna ma un ballo con te Lasciamoci tutto alle spalle io e te Fino a che nasce il sole Voglio ballare con te, soltanto con te Déjame quiero bailar contigo Esta noche bailamos tù y yo Voglio ballare con te, voglio ballare con te Yo, Baby K! He was born with two conditions, Down's syndrome and tracheoesophageal fistula, a birth defect in the throat that makes eating food orally impossible.
Baby K was born at the Hospital in October of 1992 with anencephaly, a congenital malformation in which a major portion of the brain, skull, and scalp are missing. She lived for ten days. Jones, , 533, 32 S. In the United States, about 2000 babies each year need organs, and the only suitable organs for tiny babies are those from other tiny babies. She was diagnosed prenatally with Anencephaly.
From there, she went to a nursing home no neonatal intensive care unit? To the contrary, Baby K's introduction to the hospital was not for emergency treatment--she was born there. Relying on the decisions of this court in Baber v. Robertson had been in the hospital for twelve days. Individual cases involving victims of trauma, cancer, heart attack, or other catastrophic illness, who are denied potentially life-saving treatments, may well require different analyses. Organs cannot, however, be removed from individuals who are alive, and anencephalic babies, though born dying, are not dead. Baby Doe Case: A Life Not Worth Living? These cases dealt with screening procedures; neither addressed a hospital's duty to provide stabilizing treatment for an emergency medical condition.
What was the doctors Proposition? Baby K's condition presents her parents and doctors with decision-making choices that are different even from the difficult choices presented by other terminal diseases. Rather, the Hospital must provide that treatment necessary to prevent the material deterioration of each patient's emergency medical condition. Not all parents who have an anencephalic fetus choose abortion. No cerebrum cortex- no pain felt. Given this unique medical condition, whatever treatment appropriate for her unspeakably tragic illness should be regarded as a continuum, not as a series of discrete emergency medical conditions to be considered in isolation. In an article in the Chicago Tribune, the doctor implied his experience with family members who have a child with disabilities influenced his views that Baby's Doe life wasn't valuable. The prognosis was good and a nearby hospital was available to perform the ordinary medical treatment.