Friday, March 4, 2011

Baby Joseph case affects us all

The baby Joseph case concerns the question of who has the right to decide what is in the best interests of baby Joseph. . . . The issue is, who has the right to decide? Does the hospital and doctor, or does the family have the right to decide on how to care for their terminally ill child?

This case is different from most of the similar cases because it is not about a family requesting treatment that is futile, burdensome or extra-ordinary. The family is not asking for a portable ventilator to be set up in their home, even though this would be a reasonable option. They are not asking for in-home nursing care to be provided. They did not ask for experimental treatment plans. The family only asked to bring Joseph home; but to do so would require Joseph to be capable of breathing on his own. This is why they requested that a tracheotomy be done. A tracheotomy is not a difficult procedure; it is not futile, burdensome or extra-ordinary.

Some people have suggested that to withdraw the ventilator from baby Joseph would constitute an act of euthanasia. This is not true.

Euthanasia is an action or omission that directly and intentionally causes the death of another person with the intention of relieving suffering. Euthanasia is a form of homicide.

If the ventilator is withdrawn from baby Joseph, he is likely to die, but he may survive. If he dies, his death would be caused by his medical condition and not because of a direct and intentional action or omission. Even if the intention is to cause his death, the reality is that his death is not direct because it is caused by his medical condition and therefore is not euthanasia. Alex Schadenberg

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