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Re: Matter of Life and Breath -- and "In Re Baby K"From: Dean Huffman (dean@thehuffpeople.net)Sun Apr 7 15:53:28 2002
Good question. I remember that case -- I was a resident at the time. It involved, initially, a baby with Downs, I think. There was a case in the federal courts a number of years ago in which a baby with anencephaly was resuscitated and kept alive. The baby was then eventually put in a chronic, long term care facility. Periodically it had to be admitted to the hospital for a "tune up". The hospital filed for an injunction allowing it to refuse to provide care when this baby came in. The mother challenged it and the case went to the federal court of appeals for that circuit. The court determined that the baby had to be treated whenever it came to the ER under three doctrines. One was the "Americans with Disabilities Act", and one was EMTALA (The Emergency Medical Treatment and Labor Act). I do not recall the third. See: http://oig.hhs.gov/oei/reports/a509.pdf). I forget the third. This was the famous "Baby K" case. (See Annas GJ. Asking the courts to set the standard of emergency care -- the case of Baby K. N Engl J Med. 1994 May 26;330(21):1542-5.) I no longer have access to WestLaw since leaving Southern Illinois University School of Medicine, so I might not be able to obtain the text of the case for you.
-- Dean Huffman
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