Legal Battle Over Whether to Force 17-Year-Old Cancer Patient to be Treated

 
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A court will determine whether a 17-year-old girl, under something called the "mature minor doctrine," can be forced to undergo chemotherapy after she refused treatment for her cancer.

The case will go to the Connecticut Supreme court this week to determine whether the teen, identified in court papers as Cassandra, has "the fundamental right to have a say about what goes on with your [her] body," attorney Michael Taylor, who represents the teen's mother, told ABC News. Taylor was appointed by the public defender's office, and Cassandra has her own court-appointed lawyer, but they've filed joint appeals.

Cassandra was diagnosed with Hodgkin's lymphoma in September, but decided she didn't want to complete the prescribed treatment, according to a court summary. Her mother supported this decision, but the Department of Children and Families stepped in and ordered her mother to comply with the doctor's treatment recommendation.

"It's really for all the reasons you might imagine," said Taylor, adding that he couldn't go into more detail.

Although chemotherapy is a drug that destroys cancer cells, its side effects include hair loss, nausea, pain and fertility changes, according to the National Cancer Institute.

Cassandra underwent two chemotherapy treatments in November and then ran away from home and refused to continue treatments, according to the court summary.

A court hearing ensued in which Cassandra's doctors testified, and she was removed from her mother's home and placed in state custody so that the state could make medical decisions for her.

She has been has been living at Connecticut Children's Medical Center and forced to undergo chemotherapy for about three weeks.

The Hartford Courant reported that Cassandra has an 80 to 85 percent chance of surviving her cancer if she continues with her chemotherapy.

The state Department of Children and Families issued the following statement:

"When experts -- such as the several physicians involved in this case -- tell us with certainty that a child will die as a result of leaving a decision up to a parent, then the Department has a responsibility to take action. Even if the decision might result in criticism, we have an obligation to protect the life of the child when there is consensus among the medical experts that action is required. Much of the improvements in Connecticut's child welfare system have come from working with families voluntarily to realize solutions to family challenges. Unfortunately that can't happen in every situation, especially when the life of a child is at stake."

"No one is disputing that it's very serious," Taylor said. He said there's "a good chance" Cassandra could survive her cancer with treatment, and "there's a good chance she could die if she doesn't. None of us disagree about that."

Taylor said they're trying to argue that because Cassandra is competent, she should be allowed to make this decision for herself through something called the "mature minor doctrine," which has been adopted in Illinois and a few other states but rejected in Texas. The doctrine holds that some children are mature enough to make key life decisions for themselves.

I'm torn on this. Yes, it should be the family's decision - but at the same time, refusing to go through with the treatment means the child would likely die of a cancer that is extremely treatable at this stage - and she is still a minor, meaning it's unclear if she make this decision herself.
Last Edit: January 06, 2015, 02:09:13 PM by Ἀπόλλων


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the Department has a responsibility to take action

More government stepping into people's personal lives. No, you don't have a responsibility nor any authority to force somebody to go through treatment they refuse to have. This isn't fucking China last I checked


 
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the Department has a responsibility to take action

More government stepping into people's personal lives. No, you don't have a responsibility nor any authority to force somebody to go through treatment they refuse to have. This isn't fucking China last I checked

We, as a society, don't have a responsibility to ensure our children grow up healthy and receive the best possible care for illness?


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the Department has a responsibility to take action

More government stepping into people's personal lives. No, you don't have a responsibility nor any authority to force somebody to go through treatment they refuse to have. This isn't fucking China last I checked

We, as a society, don't have a responsibility to ensure our children grow up healthy and receive the best possible care for illness?
Not if they don't want certain treatment, then no. Forcing a person to take a course of action violates every idea of life, liberty, and the pursuit of happiness


Mad Max | Mythic Invincible!
 
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If this was a case where the child wanted it, and the parents didn't, I would absolutely say the state should step in.

But that isn't the case. If she doesn't want it, that's her choice. Her mother is on board. Let them deal with her disease in peace.


 
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This is the way the world ends. Not with a bang but a whimper.
I don't like it, but I respect her decision to refuse treatment--especially considering her mother is on board.

If she's willing to face the prospect of dying, then let her. She should, however, be tested for things like depression or bipolar disorder so we know she's making this decision with full presence of mind.


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She's not a legal adult yet, but she's old enough to make a decision like that for herself.


 
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If this was a case where the child wanted it, and the parents didn't, I would absolutely say the state should step in.

But that isn't the case. If she doesn't want it, that's her choice. Her mother is on board. Let them deal with her disease in peace.

Problem is, their legal argument is based on statues that have been passed (And have not passed) in other states regarding whether children can make this kind of decision. It's not like we have clear cut opinions that they can.


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If this was a case where the child wanted it, and the parents didn't, I would absolutely say the state should step in.

But that isn't the case. If she doesn't want it, that's her choice. Her mother is on board. Let them deal with her disease in peace.

Problem is, their legal argument is based on statues that have been passed (And have not passed) in other states regarding whether children can make this kind of decision. It's not like we have clear cut opinions that they can.
But the mother supports the decision, so I'm not sure what the problem is.


 
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If this was a case where the child wanted it, and the parents didn't, I would absolutely say the state should step in.

But that isn't the case. If she doesn't want it, that's her choice. Her mother is on board. Let them deal with her disease in peace.

Problem is, their legal argument is based on statues that have been passed (And have not passed) in other states regarding whether children can make this kind of decision. It's not like we have clear cut opinions that they can.
But the mother supports the decision, so I'm not sure what the problem is.

Because the decision would, likely, lead to the girl's death.

If this was a "I don't want to get a flu shot!" case, sure. Let the daughter do what she wants. But this is a "Listen, you either get the treatment to potentially (85% chance) live, or you run an extremely high risk of dying" - so yes, I applaud the state for stepping in to at least try and help.



 
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This is the way the world ends. Not with a bang but a whimper.
help.
You have a funny definition of that word.

The government is acting contrary to the expressed wishes of both the girl and the mother. That isn't, by any stretch of language, being "helpful".


 
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help.
You have a funny definition of that word.

The government is acting contrary to the expressed wishes of both the girl and the mother. That isn't, by any stretch of language, being "helpful".

Well, first off, I'm curious as to why the Mother is so willing to go along with zero treatment (This article doesn't say, other than Cassandra initially went through with treatment, but after two weeks the girl ran away). Is the Mother just afraid her daughter will leave? Does she have actual opposition to the medication? If it's that she's afraid her daughter would leave again, I hardly think that is adequate enough reasoning.

Second off, I'm curious as to whether the girl, like you posted, is mentally fit without depression or other problems, to make the decision.

Perhaps help is the wrong word, but there are plenty of questions that should still be answered.
Last Edit: January 06, 2015, 03:55:06 PM by Ἀπόλλων


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Its a really stupid decision on their part, but you can't force people to go through chemo. That's ridiculous.


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His eyebrows sparkling, his white beard hangs down to his chest. The thatched mats, spread outside his chise, spread softly, his splendid attos. He polishes, cross-legged, his makiri, with his eyes completely absorbed.

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She's a minor, so consent lies with her mother. Since both her and her mother say no to chemotherapy, it should end there. I think it's a dumbass choice considering the alternative, but that's not my call to make and it isn't the government's either.


 
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She's a minor, so consent lies with her mother. Since both her and her mother say no to chemotherapy, it should end there. I think it's a dumbass choice considering the alternative, but that's not my call to make and it isn't the government's either.

Quote
Well, first off, I'm curious as to why the Mother is so willing to go along with zero treatment (This article doesn't say, other than Cassandra initially went through with treatment, but after two weeks the girl ran away). Is the Mother just afraid her daughter will leave? Does she have actual opposition to the medication? If it's that she's afraid her daughter would leave again, I hardly think that is adequate enough reasoning.

Hence why I am glad this is going to at least be questioned.


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If I'm not here, I'm doing photography. Or I'm asleep. Or in lockdown. One of those three, anyway.

The current titlebar/avatar setup is just normal.
I think it's a stupid reason to refuse treatment when 85% success rate is pretty fucking good odds to turn down (though I don't know if this type of cancer has a high risk of re-occurring, so that might be an influence in their decision), but it's not really fair for the government to do that either.

With what information has been given however I'm more supportive of government involvement in this case. I really wanna know why she would refuse it, if it's just because "I feel bad when I have chemo", well no shit it's chemo, but being dead for not having the treatment is far worse.


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I think it's a stupid reason to refuse treatment when 85% success rate is pretty fucking good odds to turn down (though I don't know if this type of cancer has a high risk of re-occurring, so that might be an influence in their decision), but it's not really fair for the government to do that either.

With what information has been given however I'm more supportive of government involvement in this case. I really wanna know why she would refuse it, if it's just because "I feel bad when I have chemo", well no shit it's chemo, but being dead for not having the treatment is far worse.

It does not matter why she and her parents want to refuse it, it's ultimately their choice. They chose not to so the government nannies shouldn't step in to make the choice for them when they're completely able to on their own. People aren't mindless drones that need oversight all their lives. They likely have very good personal reasons that are nobody's business.


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85% is a hell of a good chance, but this is the first world, where you can have access to miraculous healing technology able to cure some of the worst plagues on earth, and still choose to not use it. Because reasons.


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This is pathetic, Cheat
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If they can be trialled as an adult, then they should be allowed to make decisions concerning their life.


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help.
You have a funny definition of that word.

The government is acting contrary to the expressed wishes of both the girl and the mother. That isn't, by any stretch of language, being "helpful".

They're helpful when they want your taxes. If she's dead, that's a loss of potential profit. Of course, if she needs help from the Government in the future, she can go fuck herself.


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85% is a hell of a good chance, but this is the first world, where you can have access to miraculous healing technology able to cure some of the worst plagues on earth, and still choose to not use it. Because religions.
ftfy

Is she refusing because she's a JW? I thought she just didn't want to go through the pain of the treatment.


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This is pathetic, Cheat
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So then why'd you say that?


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85% is a hell of a good chance, but this is the first world, where you can have access to miraculous healing technology able to cure some of the worst plagues on earth, and still choose to not use it. Because religions.
ftfy
Objection, your honor. Speculation.