Philadelphia prosecutors have charged Herbert and Catherine Schaible with 3rd degree murder after their son Brandon died when the parents turned to faith healing instead of medicine for highly treatable problems. This is typical in these cases, because the parents exceed the scope of their discretion to determine best interests.
Interestingly, it seems that in some states a clinician could act on her conscience based objection. That refusal might similarly lead to the child's death. But unlike the parents, the clinician would be statutorily immune from criminal and other sanctions.
Tuesday, May 28, 2013
Parents' Conscience vs. Clinician Conscience
Thaddeus Mason Pope is Director of the Health Law Institute and Professor of Law and at Mitchell Hamline School of Law in Saint Paul, Minnesota. <> <> He is also an Adjunct Professor with the Australian Centre for Health Law Research at Queensland University of Technology; Adjunct Associate Professor with the Alden March Bioethics Institute at Albany Medical College; and Visiting Professor of Medical Jurisprudence at St. Georges University. <> <> Professor Pope is an internationally recognized expert in bioethics and medical ethics. He has over 120 publications in: leading medical journals, law reviews, bar journals, nursing journals, bioethics journals, and book chapters. He also coauthors the definitive 1500-page treatise The Right to Die: The Law of End-of-Life Decisionmaking.