In re Baby K

Fed Suppl. 1993 Jul 1:832:1022-31.

Abstract

KIE: The District Court of the Eastern District of Virginia denied a hospital's application for a declaratory judgment stating that withholding ventilator treatment from an anencephalic infant over the mother's objection would not violate federal or state law. The mother's refusal to give consent to withhold ventilator assistance when the baby experienced respiratory distress was against the advice of her doctor and the hospital's medical ethics committee. The court did not grant the hospital's application, holding that the hospital was legally obligated to provide the treatment based on the Emergency Medical Treatment and Active Labor Act, the Rehabilitation Act, the Americans with Disabilities Act, the Child Abuse Amendments of 1984, and the Virginia Medical Malpractice Act.

Publication types

  • Legal Case

MeSH terms

  • Anencephaly*
  • Civil Rights
  • Decision Making
  • Disabled Persons
  • Dissent and Disputes
  • Emergency Medical Services*
  • Ethics Committees
  • Ethics Committees, Clinical
  • Euthanasia, Passive*
  • Fathers
  • Group Processes
  • Health Care Rationing
  • Hospitals*
  • Humans
  • Infant*
  • Infant, Newborn
  • Jurisprudence*
  • Legislation as Topic
  • Liability, Legal*
  • Life Support Care*
  • Medical Futility
  • Mothers
  • Parental Consent
  • Patient Care
  • Patient Selection
  • Patient Transfer
  • Physicians
  • Politics
  • Prejudice
  • Prognosis
  • Reference Standards
  • Refusal to Treat*
  • Religion
  • Third-Party Consent
  • Value of Life
  • Ventilators, Mechanical*
  • Virginia
  • Withholding Treatment