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Re: Matter of Life and Breath -- and 'In Re Baby K' From: art fougner, md (evsono@pipeline.com) Sun Apr 7 19:05:30 2002 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Joanne Bulley, MD: "FRI: Humor" Previous message: Zach Newton: "Professionalism" In reply to: Dean Huffman: "Re: Matter of Life and Breath -- and "In Re Baby K"" Next in thread: Robert J. Carpenter, Jr. MD: "Re: Matter of Life and Breath (Re: Miller)" the baby doe case resulted from a child born in suffolk county ny with microcephaly and severe handicap. neither the doctors nor the parents wanted anything aggressive done for care. however, alerted by members of the nursing staff, an attorney representing one of the pro life orgs filed with the court and obtained an injunction directing care. this case resulted in regulations pertaining to the treatment of newborns with handicap essentially requiring the same level of care in the nursery that newborns without such handicaps received. art At Sun, 07 Apr 2002, Dean Huffman wrote: > >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 > >- - - - > >At 08:09 PM 4/6/2002 -0600, you wrote: >>Isn't it a Federal Law/statute that infants must be resuscitated/fed >>whatever despite "handicaps" ? Seems like they called it the Baby Jane Doe >>legislation during the Reagan era because someone withheld a feeding tube >>from a Down Syndrome baby >>Kevin > -- art fougner, md ich bin ein New Yorker Next message: Joanne Bulley, MD: "FRI: Humor" Previous message: Zach Newton: "Professionalism" In reply to: Dean Huffman: "Re: Matter of Life and Breath -- and "In Re Baby K"" Next in thread: Robert J. Carpenter, Jr. MD: "Re: Matter of Life and Breath (Re: Miller)"

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