Withholding treatment from Baby Doe: from discrimination to child abuse

The Milbank Memorial Fund Quarterly. Health and Society
|January 1, 1985
PubMed

Insights

Withholding treatment from severely impaired newborns has seen varied responses. A shift towards "best interest" criteria offered limited progress, with a new legislative compromise balancing moral and medical realities.

Area of Science:

  • Medical Ethics
  • Healthcare Policy
  • Neonatal Care

Background:

  • Debates on withholding treatment from severely impaired newborns have involved multiple governmental bodies and ethical commissions.
  • Past approaches often relied on rigid medical imperatives, which have been criticized for oversimplification.

Purpose of the Study:

  • To analyze the evolution of responses to withholding treatment in severely impaired newborns.
  • To evaluate the shift from medical imperatives to "best interest" criteria.
  • To assess a new legislative compromise principle in neonatal care ethics.

Main Methods:

  • Review of administrative and legislative responses from the Reagan and Carter administrations.
  • Analysis of ethical commission reports and congressional legislation concerning child abuse and neonatal treatment.
  • Examination of the procedural and substantive changes in decision-making criteria.

Main Results:

  • Three distinct responses emerged from the Department of Health and Human Services, the President's Commission on Ethical Problems, and subsequent legislation.
  • The transition from strict medical imperatives to the "best interest" standard represented a limited advancement.
  • A novel legislative compromise has been introduced, acknowledging both moral and medical complexities.

Conclusions:

  • The "best interest" standard for neonatal treatment decisions is ambiguous.
  • A new legislative compromise offers a practical, albeit imperfect, approach to complex ethical and medical issues in neonatal care.
  • Balancing moral considerations with medical realities is crucial in neonatal treatment decisions.

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