Julie,
For what it's worth, this strikes me as a case of probably well-intended but badly written law zealously applied. Not having read the law and simply speculating, I suspect that it was framed with much younger children in mind--to address, for example, the case of a child who, while in a life-threatening situation, has parents who, for religious reasons, refuse to agree to the treatment.
Here the facts that the young man is sixteen, chemotherapy is scary, ugly, unpleasant and by no means guaranteed to be successful, and the alternative approach that he and his parents prefer is controversial have created a "shocking" story.
An appeal to another court may be successful. The law may be amended. The consumer advocate's statement is, however, intemperate. With its sweeping generalizations and ominous threats of medical tyranny, it harms rather than helps the case to be made for altering the law and/or judgment in question.
What I would be prepared to support is an alternative to the mechanical use of "minor" in defining when the law applies. I would suggest a process along the lines of having a court-appointed psychiatrist interview the child in question, determine if the child understands the ramifications of the decision being made and is competent to make it. If so, the child's decision stands.
But, hey, what do I know.
John
For some reason this e-mail didn't get to the lit-id list......maybe "medical" was a spam filtering word. Anyway, I'm trying again.
Click here: AOL News - Judge Orders Teen to Have Cancer Treatment
<<The judge also found Starchild Abraham Cherrix's parents were neglectful for allowing him to pursue alternative treatment of a sugar-free, organic diet and herbal supplements supervised by a clinic in Mexico, lawyer John Stepanovich said. >>
. Statements on Abraham Cherrix chemotherapy court decision by Mike Adams, consumer health advocate
Preach it brother.
Julie Krueger appalled parent
-- John McCreery The Word Works, Ltd., Yokohama, JAPAN
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