STUDENT NOTE: ARE PARENTS ACTING IN THE BEST INTERESTS OF THEIR CHILDREN WHEN THEY MAKE MEDICAL DECISIONS BASED ON THEIR RELIGIOUS BELIEFS? Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2006 Blackwell Publishing 
Family Court Review

STUDENT NOTE: ARE PARENTS ACTING IN THE BEST INTERESTS OF THEIR CHILDREN WHEN THEY MAKE MEDICAL DECISIONS BASED ON THEIR RELIGIOUS BELIEFS?

April, 2006

44 Fam. Ct. Rev. 316

Author

Kei Robert Hirasawa *

Excerpt

INTRODUCTION

In 15 days, a healthy 8-month-old infant succumbed to bacterial meningitis after her parents withheld conventional medical treatment in favor of treatment by prayer. At trial, a doctor testified that the illness was commonly treated and cured with antibiotics, even 7 days into the illness, and that during the illness the infant's brain became swollen and softened by the infection and likely suffered from much pain. Had the state been allowed to intervene and provide medical treatment while the infant was ill, she would have had a substantial chance for survival. 1

This Note explores the complex question of balancing an individual's right to freedom of religion, the right to raise his or her children without government interference, and the right of children to be cared for, including the right to health care. The varying degrees of importance people place on religion has led to many bitterly contested disputes as to what role religion should play in people's lives. This Note argues that parents who make medical decisions based on religious beliefs should be liable for their child's death or disability if the use of conventional medicine and potential for recovery outweigh the probability that nonmedical treatment will cure the illness. Religious exemptions in state child abuse statutes should be modified to mandate medical treatment for diseases that are potentially fatal if left untreated and where treatment could substantially improve the likelihood of survival from a disease, or if there is a substantial ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities