A legal fight between a hospital and an Amish family in Ohio over whether doctors can force their 10-year-old daughter to resume chemotherapy after her parents stopped treatment is raising questions about what rights parents have in making medical decisions for their children.
The answer in this latest case probably will be settled in court after Akron Children’s Hospital sought to have limited guardianship of the girl given to an attorney who’s also a registered nurse.
If a judge approves, the guardian — not the parents — would decide whether the girl should continue chemotherapy for her leukemia.
“This isn’t the way it should be,” said Andy Hersh- berger, the girl’s father.
Although state laws give parents a great deal of freedom when it comes to choosing medical treatment for their children, that’s not true when the decision could be a matter of life or death.
Courts most often will draw the line when doctors think the child’s life is in danger and there’s a good chance that the treatments being suggested will work.
“People see this is a parent’s rights issue, but we fail to see this is a child’s rights issue,” said Leonard Glantz, a professor of health law at Boston University. “The person of importance and focus is the child.”
Doctors at Akron Children’s Hospital said they had to intervene when the Hershberger family ended chemotherapy for their daughter Sarah in June because it was making her extremely sick. The hospital said Sarah Hershberger’s leukemia was very treatable but warned she would die within a year without chemotherapy.
A judge in Medina County in northeast Ohio ruled in July that Sarah’s parents had the right to make medical decisions for her. But an appeals court on Wednesday said the judge failed to consider whether appointing a guardian would be in the girl’s best interest. The appeals court ordered the judge to reconsider his decision.
The Hershbergers’ attorney said the ruling essentially ordered the judge to disregard the rights of the parents.
“Our belief is, to a certain extent, we can use modern medicine, but at some times we have to stop it and do something else,” Andy Hersh- berger said, explaining that they’re now treating Sarah with natural medicines, such as herbs and vitamins, and seeing another doctor.
