The C. Everett Koop Papers

Title:

Notice to Health Care Providers [on] Discriminating against the Handicapped by Withholding Treatment or Nourishment

Description:

In its initial response to the "Baby Doe" controversy triggered by the withholding of medical treatment from a severely disabled newborn in an Indiana hospital, and his resulting death, the Department of Health and Human Services warned that it would use existing legislation, namely the Rehabilitation Act of 1973, to prevent further deaths of this kind. Section 504 of the act prohibited as discriminatory the withholding of services, including medical services, from any person with a disability in facilities that received federal funding, among them hospitals. However, officials at the department, most of whom regarded themselves as allies of hospitals and of the medical profession, were deeply divided over the issue of intervening in the professional autonomy of physicians in making treatment decisions. As a result of such internal political and ethical conflicts, the department failed to bring any legal actions under the Rehabilitation Act against physicians who counseled parents to allow their disabled children to die, and new legislation had to be drafted to address the issue. In October 1984, federal child abuse was expanded to explicitly prohibit the withholding of fluids, nutrition, and medically indicated treatment from infants with severe birth defects.

Item is a photocopy.

Number of Image Pages:

2 (155,016 Bytes)

Date:

1982-05-18 (May 18, 1982)

Creator:

Dotson, Betty Lou

United States Department of Health and Human Services. Office for Civil Rights

Rights:

This item is in the public domain. It may be used without permission.

Subject:

Medical Subject Headings (MeSH):: Disabled Children; Ethics, Medical; Refusal to Treat

Exhibit Category:

Congenital Birth Defects and the Medical Rights of Children: The "Baby Doe" Controversy

Relation:

Memorandum from John A. Casciotti, United States Department of Health and Human Services to C. Everett Koop [on proposed "Infant Doe" guidelines] (November 15, 1982)

Memorandum from Juan A. del Real to the Secretary of the United States Department of Health and Human Services [on proposed "Infant Doe" guidelines] (draft) [November 1982]

"Guidelines Applicable to Health Care and Child Protective Services for Infants with Life-Threatening Congenital Impairments Pursuant to Section 504 of the Rehabilitation Act of 1973 and the Child Abuse Prevention and Treatment Act" (draft) [November 1982]

Box Number: 19