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[Legal aspects (with comparative reference to German Law)]
Schweizerische Rundschau Fur Medizin Praxis = Revue Suisse De Medecine Praxis
|May 3, 1994
Summary
With advancements in medical technology, withdrawing life support from handicapped newborns is not a viable solution. Legal frameworks must mandate treatment for viable infants, with potential leniency in exceptional circumstances.
Area of Science:
- Medical Ethics
- Neonatal Care
- Legal Medicine
Background:
- Improved medico-technical capabilities present complex ethical considerations in neonatal care.
- The question of 'letting die' handicapped newborns is a significant challenge for all involved parties.
- Current medical and legal standards lack definitive tests for authorizing the withdrawal of vital treatment.
Purpose of the Study:
- To explore the ethical and legal implications of treating handicapped newborns.
- To argue against the practice of 'letting die' in neonatal care.
- To propose a legal framework for the treatment of viable, handicapped infants.
Main Methods:
- Ethical analysis of neonatal treatment decisions.
- Review of legal precedents and ethical guidelines.
- Discussion of medical viability criteria.
Main Results:
- 'Letting die' is ethically and legally untenable as a solution for handicapped newborns.
- A reliable test for authorizing the withdrawal of vital treatment is not feasible.
- Medical treatment must be legally mandated for all viable infants.
Conclusions:
- The law should mandate medical treatment for viable handicapped newborns.
- Exceptional cases may warrant relinquishing prosecution of responsible individuals.
- Ethical medical practice necessitates continued treatment for viable infants.