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Cancer patient faces court for avoiding chemo
Omkar Baxi
Issue date: 5/29/09 Section: News
Daniel Hauser, a 13-year-old boy, and his mother, have recently become the focus of bioethics when the pair fled Minnesota to avoid chemotherapy.
The mother and child returned voluntarily to Sleepy Eye, Minn., after local courts approved arrest warrants for the mother for not showing up at a court case regarding Daniel's chemotherapy regiment.
According to CNN, Daniel was diagnosed with Hodgkin's lymphoma, a cancer that affects immune cells within an individual. Daniel's doctors prescribed an initial round of radiation and chemotherapy which showed some success. A full treatment of chemotherapy is expected to raise Daniel's five-year survival probability to 95 percent. According to the American Cancer Society, Hodgkin's patients with full treatment are expected to have a 20-year relative survival rate of 63 percent.
However, the Hausers did not like the side effects caused by the treatments and have refused further chemotherapy, instead seeking further medical advice and holistic treatments including the Native American healing practice known as Nemenhah.
The attorney for the Hauser family released a written statement saying that the parents "believe that the injection of chemotherapy into Danny Hauser amounts to an assault upon his body and torture when it occurs over a long period of time."
However, Judge John Rodenberg, who has overseen the court case, said, "It is imperative that Daniel receive the attention of an oncologist as soon as possible."
Donald Bersoff, director of the Law and Psychology program and an expert in medical ethics at the Drexel University Earle Mack School of Law, said he agreed with the court that the parents should be overruled and Daniel should receive conventional medical treatment.
"In Prince v. Massachusetts, an old supreme court case that has set precedence for these issues, the court declared that parents may make martyrs of themselves, but cannot make martyrs of their children. In medicine, this means that an adult can forego a life-saving treatment, but parents cannot refuse life-saving treatments for their children," Bersoff said.
Bersoff believes that Daniel should receive chemotherapy to combat the Hodgkin's lymphoma, which is a threat to his life.
According to CNN, the mother is now prepared to allow her son to undergo chemotherapy if the courts enforce the medical treatment.
The mother and child returned voluntarily to Sleepy Eye, Minn., after local courts approved arrest warrants for the mother for not showing up at a court case regarding Daniel's chemotherapy regiment.
According to CNN, Daniel was diagnosed with Hodgkin's lymphoma, a cancer that affects immune cells within an individual. Daniel's doctors prescribed an initial round of radiation and chemotherapy which showed some success. A full treatment of chemotherapy is expected to raise Daniel's five-year survival probability to 95 percent. According to the American Cancer Society, Hodgkin's patients with full treatment are expected to have a 20-year relative survival rate of 63 percent.
However, the Hausers did not like the side effects caused by the treatments and have refused further chemotherapy, instead seeking further medical advice and holistic treatments including the Native American healing practice known as Nemenhah.
The attorney for the Hauser family released a written statement saying that the parents "believe that the injection of chemotherapy into Danny Hauser amounts to an assault upon his body and torture when it occurs over a long period of time."
However, Judge John Rodenberg, who has overseen the court case, said, "It is imperative that Daniel receive the attention of an oncologist as soon as possible."
Donald Bersoff, director of the Law and Psychology program and an expert in medical ethics at the Drexel University Earle Mack School of Law, said he agreed with the court that the parents should be overruled and Daniel should receive conventional medical treatment.
"In Prince v. Massachusetts, an old supreme court case that has set precedence for these issues, the court declared that parents may make martyrs of themselves, but cannot make martyrs of their children. In medicine, this means that an adult can forego a life-saving treatment, but parents cannot refuse life-saving treatments for their children," Bersoff said.
Bersoff believes that Daniel should receive chemotherapy to combat the Hodgkin's lymphoma, which is a threat to his life.
According to CNN, the mother is now prepared to allow her son to undergo chemotherapy if the courts enforce the medical treatment.
Viewing Comments 1 - 2 of 2
Warren
posted 5/29/09 @ 8:24 AM EST
I was diagnosed with Hodgkin's Lymhoma at age 21 yesars old. I was classified as stage 4. Chemotherapy is not easy and it is hell. However, I am here three years and counting. (Continued…)
DOMICO TERREL OAKES
posted 5/29/09 @ 8:31 AM EST
MY NAME IS DOMICO TERREL OAKES OF MUSSKEGON, MICHIGAN
I CONSIDER MYSELF THE GREATEST CANCER SURVIVOR IN THE STATE OF MICHIGAN AND ONE OF THE GREATEST RARE CANCER SURVIVOR IN THE WORLD. (Continued…)
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