r******6
发帖数: 25 | 1 Here are a couple of cases where US supereme court rendered decisions
supporting infants' self interest and parental rights over a simple
right-to-life.
US courts position in this topic is rather clear, although conservatives
have been working hard to limit it.
http://pediatrics.aappublications.org/cgi/content/full/115/3/797
"1. The birth of another infant known as Baby Jane Doe on October 11, 1983
in New York tested this legal theory. Infant Jane had spina bifida,
hydrocephalus, kidney damage, |
r******6
发帖数: 25 | 2 There are two groups of people here. One group is absolute pro-life. One
group is pro best interest of an infant. I am with the second group. OSCCF
is with the first group.
AS someone in the second group, I basically agree with American Academy of
Pediatrics' guidelines, which recommend "individualized decision-making by
clinicians and families for seriously ill children based on the best-
interests standard." If doctors agree it is in a baby's best interest,
parents could "forgo aggressive lif |
r******6
发帖数: 25 | |
t******o
发帖数: 75 | 4 关键词：extremely ill, premature, or terminally ill infants <1 year of age
看看这个案例，你怎么理解
http://www.msnbc.msn.com/id/30763438/ns/health-kids_and_parenting/
【在 r******6 的大作中提到】
: Here are a couple of cases where US supereme court rendered decisions
: supporting infants' self interest and parental rights over a simple
: right-to-life.
: US courts position in this topic is rather clear, although conservatives
: have been working hard to limit it.
: http://pediatrics.aappublications.org/cgi/content/full/115/3/797
: "1. The birth of another infant known as Baby Jane Doe on October 11, 1983
: in New York tested this legal theory. Infant Jane had spina bifida,
: hydrocephalus, kidney damage,
|
r******6
发帖数: 25 | 5 "parents have the right to consent to or refuse treatments for infants and
that other than in an emergency, a court order must be obtained to overrule
parental refusals. "
【在 t******o 的大作中提到】
: 关键词：extremely ill, premature, or terminally ill infants <1 year of age
: 看看这个案例，你怎么理解
: http://www.msnbc.msn.com/id/30763438/ns/health-kids_and_parenting/
|
r******6
发帖数: 25 | 6 Probably you got those keys words from some people's impression of "Baby Doe
rules". It was rejected by US supreme court.
In the first case, "the US Supreme Court in Bowen v American Hospital
Association5 rejected the Reagan-Administration interpretation of the civil
rights law that generated the first set of Baby Doe rules and went on to
offer a stinging criticism of the purposes behind these regulations."
【在 t******o 的大作中提到】
: 关键词：extremely ill, premature, or terminally ill infants <1 year of age
: 看看这个案例，你怎么理解
: http://www.msnbc.msn.com/id/30763438/ns/health-kids_and_parenting/
|
t******o
发帖数: 75 | 7 How do you understand "an emergency"? If a baby's life is in danger, is it
an emergency?
overrule
【在 r******6 的大作中提到】
: "parents have the right to consent to or refuse treatments for infants and
: that other than in an emergency, a court order must be obtained to overrule
: parental refusals. "
|
t******o
发帖数: 75 | 8 如果你一定要以美国的标准来说，那么这个Case里志愿者在“抢人”之前已经报警了，
因此以美国标准而言家人在法庭裁决前不可以撤除维持生存的医疗手段
Doe
civil
【在 r******6 的大作中提到】
: Probably you got those keys words from some people's impression of "Baby Doe
: rules". It was rejected by US supreme court.
: In the first case, "the US Supreme Court in Bowen v American Hospital
: Association5 rejected the Reagan-Administration interpretation of the civil
: rights law that generated the first set of Baby Doe rules and went on to
: offer a stinging criticism of the purposes behind these regulations."
|
r******6
发帖数: 25 | 9 Did you ever go to an emergency room of a US hospital? They will not accept
every life threating condition, such as cancer.
it
【在 t******o 的大作中提到】
: How do you understand "an emergency"? If a baby's life is in danger, is it
: an emergency?
:
: overrule
|
r******6
发帖数: 25 | 10 Read that paragraph again. Before an court order, it is parents' decision.
I am not sure how long have you been in US. Several years ago there was a
case in FL, where a husband decided to cut off life support of a wife while
the wife's parents did not agree. The husband was the wife's guardian. The
parents went to courts to dispute the husband decision. During the process,
the wife's life support was already cut off. In the parents' appeal to
courts also their appeal to the president then bush,
【在 t******o 的大作中提到】
: 如果你一定要以美国的标准来说，那么这个Case里志愿者在“抢人”之前已经报警了，
: 因此以美国标准而言家人在法庭裁决前不可以撤除维持生存的医疗手段
:
: Doe
: civil
|
|
|
t******o
发帖数: 75 | 11 算了，现在孩子已经手术了，她是否是terminal illness之类的这些问题以后再讨论吧
while
,
【在 r******6 的大作中提到】
: Read that paragraph again. Before an court order, it is parents' decision.
: I am not sure how long have you been in US. Several years ago there was a
: case in FL, where a husband decided to cut off life support of a wife while
: the wife's parents did not agree. The husband was the wife's guardian. The
: parents went to courts to dispute the husband decision. During the process,
: the wife's life support was already cut off. In the parents' appeal to
: courts also their appeal to the president then bush,
|
r******6
发帖数: 25 | 12 Don't want to argue with you. Terminal ill is only one criterion which could
justify an infant's interest. This is not a just a premature baby. The baby
had serious development problems even as earlier stage of fetus (first-three month),
first three months. There is information loving parents could not disclose
to public. After months or years later, when it is time for information to
come out, we could all reflect on what we did to/for the baby. At this
moment, I just hope the parents can make
【在 t******o 的大作中提到】
: 算了，现在孩子已经手术了，她是否是terminal illness之类的这些问题以后再讨论吧
:
: while
: ,
|
w*********o
发帖数: 3030 | 13 You are missing one key point here either intentionally or un-intentionally |
t******o
发帖数: 75 | 14 Exactly. And that's the reason I don't want to discuss further at this
point.
intentionally
doctors has agreed to the dad that the decision is in the best interest of
the baby.
【在 w*********o 的大作中提到】
: You are missing one key point here either intentionally or un-intentionally
|
r******6
发帖数: 25 | 15 read my first case again, where doctors disagree with the family's decision.
Supreme court still supported the parents.
by default, parents have the right. If you do not agree with parents'
decision, go to a court. Parents do not need to address to you, and they
only need to address to the court. Before a court agrees with you, parents
still have the right.
intentionally
doctors has agreed to the dad that the decision is in the best interest of
the baby.
【在 w*********o 的大作中提到】
: You are missing one key point here either intentionally or un-intentionally
|
t******o
发帖数: 75 | 16 Doctors disagree about...指的恐怕是医生之间没有共识，这个case中没有一个医生
说是绝症
你说呢？
decision.
【在 r******6 的大作中提到】
: read my first case again, where doctors disagree with the family's decision.
: Supreme court still supported the parents.
: by default, parents have the right. If you do not agree with parents'
: decision, go to a court. Parents do not need to address to you, and they
: only need to address to the court. Before a court agrees with you, parents
: still have the right.
:
: intentionally
: doctors has agreed to the dad that the decision is in the best interest of
: the baby.
|
w*********o
发帖数: 3030 | 17 In the Florida case, both the parents and the husband have supports from
different doctors. |
w***o
发帖数: 3428 | 18 你这只是故事的一部分。美国高院推翻的是HHS(U.S. Department of Health and
Human Services)在1984年1月制定的regulations。这个regulations允许联邦政府察看
病历并对可疑治疗方案进行调查，从而与美国医院自治传统相违背，招致了医学界的强
烈反弹。
部分针对高院判决，美国国会于1984年通过Child Abuse Amendments，当时的总统里根
于10月签字使其成为法律。HHS又于1985年4月制定了新的regulations。Child Abuse
Amendments和新版本的HHS regulations至今有效。
新法案对医学界作了一定让步，如将调查权力从联邦下放到各州，而且更倾向于伦理调
查而不是刑事调查。但新法案明确规定了对婴儿放弃治疗的标准：
it is illegal for doctors to withhold nourishment or medically indicated
treatments unless the infant is comatose, the treatment wil
【在 r******6 的大作中提到】
: Here are a couple of cases where US supereme court rendered decisions
: supporting infants' self interest and parental rights over a simple
: right-to-life.
: US courts position in this topic is rather clear, although conservatives
: have been working hard to limit it.
: http://pediatrics.aappublications.org/cgi/content/full/115/3/797
: "1. The birth of another infant known as Baby Jane Doe on October 11, 1983
: in New York tested this legal theory. Infant Jane had spina bifida,
: hydrocephalus, kidney damage,
|
