Author: Newsom, Robert W.

Source: Journal of Nursing Law, Volume 13, Number 1, 2009 , pp. 25-32(8)

Publisher: Springer Publishing Company

Abstract:

Ashley X is a Seattle girl with static encephalopathy. She is, at this writing, approximately 10 years old. She is, and always will be, unable to sit up, roll over, grasp objects, or speak. She must be fed through a gastrostomy tube. She is able to experience the cognitive and emotional life of, at best, a typical 3- to 6-month-old child. Over a period of 3 years, Ashley received high doses of estrogen, a growth attenuation treatment that will result in her remaining relatively small in stature, perhaps 4 feet 6 inches (1.37 m) tall, and weighing about 65 or 70 pounds (29-32 kg). Ashley also underwent a hysterectomy to eliminate future menstrual cramps and bleeding, and breast tissue removal to assure the development of small breasts. This article argues that: (a) criticisms of the deliberative process leading to this “Ashley Treatment” are unpersuasive; ( b) the Ashley case affords no reason to believe that formal, adversarial, judicial proceedings to review parental decisions would best serve either disabled individuals or the families who love and care for them; and (c) the Ashley case provides no reason to think that parents and other responsible parties should no longer continue to enjoy wide discretion in terms of what medical treatment they may elect for their dependents.

Keywords: STATIC ENCEPHALOPATHY; PARENTAL DISCRETION; SURROGATE DECISION MAKING; JUDICIAL REVIEW OF MEDICAL DECISIONS

Document Type: Research article

DOI: http://dx.doi.org/10.1891/1073-7472.13.1.25

Publication date: 2009-03-01

More about this publication?

• Journal of Nursing Law was founded to serve the needs of practicing nurses in hospitals, clinics, schools, and elsewhere for solid practical advice on the legal and ethical issues that influence their jobs.
• Information for Authors
• Submit a Paper
• Membership Information
• Information for Advertisers
• Free Sample Issue
• Subscribe to this Journal
• ingentaconnect is not responsible for the content or availability of external websites

Related content

• In this: publication
• By this: publisher
• In this Subject: Nursing ,  Law
• By this author: Newsom, Robert W.

Website © Publishing Technology. Article copyright remains with the publisher, society or author(s) as specified within the article.

• Terms and conditions
• Privacy policy
• Information for advertisers