Baby Doe Law

Baby Doe Law refers to specific United States federal regulations and guidelines designed to ensure that newborn infants with disabilities receive appropriate medical care and nutrition. The law emerged from a series of controversial cases in the early 1980s, where the medical treatment of severely disabled newborns was in question, leading to national debates on medical ethics, disability rights, and infant care.

Background

The term "Baby Doe" originated from a 1982 case in Bloomington, Indiana, where a baby boy, referred to as "Baby Doe" to protect his privacy, was born with Down syndrome and a tracheoesophageal fistula, a treatable condition that connects the esophagus to the trachea. The parents, upon the advice of their doctor, decided against surgery to correct the fistula and chose to withhold treatment, leading to the baby's death six days later. This decision was supported by a state court ruling, which concluded that the parents had the right to refuse surgery for their child. The case sparked a national outcry and led to the intervention of the Reagan administration, which sought to prevent similar cases by establishing regulations to protect disabled newborns.

Legislation

In response to the Baby Doe case and subsequent similar cases, the United States Department of Health and Human Services (HHS) issued regulations in 1984 under the authority of the Child Abuse Amendments of 1984. These regulations, known collectively as the Baby Doe Regulations, set forth specific requirements for the treatment of severely disabled newborns, emphasizing the necessity of providing nutrition, hydration, and medically indicated treatment unless such treatments would be futile or inhumane.

Provisions

The Baby Doe Law includes several key provisions:

• Hospitals are required to post notices informing employees of their obligation to report instances where medical care is being withheld from disabled infants.
• The establishment of a toll-free hotline for reporting cases where medical care is denied to infants due to their disability.
• The law prohibits the withholding of medically indicated treatment from disabled infants with life-threatening conditions, except in cases where, among other exceptions, the infant is chronically and irreversibly comatose, the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of survival, or the treatment would be virtually futile in terms of survival and the treatment itself under such conditions would be inhumane.

Impact and Controversy

The Baby Doe Law has had a significant impact on the practice of neonatal care in the United States. It has raised awareness about the rights of disabled infants and has led to increased scrutiny of decisions made by parents and physicians regarding the care of these infants. However, the law has also been the subject of controversy. Critics argue that it may lead to unnecessary and prolonged suffering for infants who have no chance of surviving or living without severe pain and disability. Others contend that the law interferes with the rights of parents to make deeply personal decisions about the care of their severely disabled children.

See Also

• Disability rights movement
• Medical ethics
• Neonatology