Baby Jane Doe
Encyclopedia
Baby Jane Doe is the pseudonym
given to a baby born in 1983 with severe birth defects
that required surgery
to correct. Her birth and the circumstances surrounding the surgery aroused considerable controversy and resulted in the Baby Doe Law
establishing requirements for decision making for newborns with severe birth defects and withholding treatment from disabled infants. The parents, the hospital, the State of New York, and the federal government were all involved in the case.
. Surgical closure of the defect and reducing fluid from her brain would prolong her life, but she would be bedridden, paralyzed, epileptic, and with severe brain damage. Faced with an agonizing decision, the parents consulted specialists, clergy, and social workers. They decided to treat the newborn with antibiotics and bandages, rather than surgery to repair the defect.
passed 1984. Vermont attorney Lawrence Washburn, brought suit in New York to obtain an order to have the surgery performed. Also, the Department of Health and Human Services (HHS) received a complaint that Baby Jane Doe was being denied medical treatment. The HHS referred the case to New York's Child Protective Services, which on November 7 found no merit to the complaint. The HHS also obtained copies of the infant's medical records for her first week of life, which were reviewed by the Surgeon General, C. Everett Koop
, who stated that he did not see anything in the record that would exclude the child from surgery. HHS took the stance that Baby Jane Does was being discriminated against due to her medical conditions and mental retardation. HHS repeatedly requested copies of the infant's medical records (past October 19) under section 504 of the Rehabilitation Act of 1973.
In early November, HHS brought suit against the hospital to the US District Court. The court concluded that the hospital was not in violation of section 504, and that the hospital treatment plan for the infant was based on the parents' decision to withhold surgery, not on discrimination. The court also found the parents' decision was "reasonable" based on the "medical options available and genuine concern for the best interests of the child."
The Court of Appeals ruled that the Rehabilitation Act did not give HHS any ability to interfere with the "treatment decisions involving defective newborn infants."
Pseudonym
A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...
given to a baby born in 1983 with severe birth defects
Congenital disorder
A congenital disorder, or congenital disease, is a condition existing at birth and often before birth, or that develops during the first month of life , regardless of causation...
that required surgery
Surgery
Surgery is an ancient medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, or to help improve bodily function or appearance.An act of performing surgery may be called a surgical...
to correct. Her birth and the circumstances surrounding the surgery aroused considerable controversy and resulted in the Baby Doe Law
Baby Doe Law
The Baby Doe Law or Baby Doe Amendment is the name of an amendment to the Child Abuse Law passed in 1984 in the United States that sets forth specific criteria and guidelines for the treatment of seriously ill and/or disabled newborns. The law is controversial in that it dictates what must be done...
establishing requirements for decision making for newborns with severe birth defects and withholding treatment from disabled infants. The parents, the hospital, the State of New York, and the federal government were all involved in the case.
History
Baby Jane Doe was born in on October 11, 1983, in New York, with an open spinal column, (meningomyelocele), hydrocephaly and microcephalyMicrocephaly
Microcephaly is a neurodevelopmental disorder in which the circumference of the head is more than two standard deviations smaller than average for the person's age and sex. Microcephaly may be congenital or it may develop in the first few years of life...
. Surgical closure of the defect and reducing fluid from her brain would prolong her life, but she would be bedridden, paralyzed, epileptic, and with severe brain damage. Faced with an agonizing decision, the parents consulted specialists, clergy, and social workers. They decided to treat the newborn with antibiotics and bandages, rather than surgery to repair the defect.
Legal battle
Baby Jane Doe became a poster child for the Baby Doe LawBaby Doe Law
The Baby Doe Law or Baby Doe Amendment is the name of an amendment to the Child Abuse Law passed in 1984 in the United States that sets forth specific criteria and guidelines for the treatment of seriously ill and/or disabled newborns. The law is controversial in that it dictates what must be done...
passed 1984. Vermont attorney Lawrence Washburn, brought suit in New York to obtain an order to have the surgery performed. Also, the Department of Health and Human Services (HHS) received a complaint that Baby Jane Doe was being denied medical treatment. The HHS referred the case to New York's Child Protective Services, which on November 7 found no merit to the complaint. The HHS also obtained copies of the infant's medical records for her first week of life, which were reviewed by the Surgeon General, C. Everett Koop
C. Everett Koop
Charles Everett Koop, MD is an American pediatric surgeon and public health administrator. He was a vice admiral in the Public Health Service Commissioned Corps, and served as thirteenth Surgeon General of the United States under President Ronald Reagan from 1982 to 1989.-Early years:Koop was born...
, who stated that he did not see anything in the record that would exclude the child from surgery. HHS took the stance that Baby Jane Does was being discriminated against due to her medical conditions and mental retardation. HHS repeatedly requested copies of the infant's medical records (past October 19) under section 504 of the Rehabilitation Act of 1973.
In early November, HHS brought suit against the hospital to the US District Court. The court concluded that the hospital was not in violation of section 504, and that the hospital treatment plan for the infant was based on the parents' decision to withhold surgery, not on discrimination. The court also found the parents' decision was "reasonable" based on the "medical options available and genuine concern for the best interests of the child."
The Court of Appeals ruled that the Rehabilitation Act did not give HHS any ability to interfere with the "treatment decisions involving defective newborn infants."