Baby Jane Doe

Mirza Tanveer Iqbal Chowdhury (20129029)

 Key Ethical Dilemma
According to Dennis and Burke (1985),

• Do children born with severe handicaps have a right to live, to

receive the food and medical treatment necessary for them to live,
as would a child born without handicaps?
Or
• Should the parents of such children be given the private decision
to choose whether the child should live or die, on the basis of their
judgment of the quality of the child's life and of the degree of
burden he or she will pose for their family or society?
 Key Facts

Baby Jane Doe was born with spina bifida, an opening in the spinal
column; hydrocephalus, excess fluid on the brain, and microcephaly,
an abnormally small brain and head, signifying a brain malfunction,
yet difference in opinion occured in terms of spina bifida surgery
between Dr. Newman and Dr. Arjen.
 The Case
• Surgery could boost the longevity to 20 years, but still the baby
will be paralyzed.

Or,

• Through antibiotics and bandages, with a projected life

expectency of 2 years.

(It ultimately led to litigation when a third party informed the Health
Department of the Government)
 Consequence
• The New York State Court ruled that the parents were right to
choose a palliative method of treatment instead of the surgery
(Resnik,2011).

• NY Second District Court of Appeals decided that Washburn and

Tanenbaum abused their authority, because they had no
connection to the parents nor Baby Jane Doe (Resnik,2011).

(Eventually, parents gave consent for surgery for only removing fluid
from Baby Doe’s brain in order to alleviate hydrocephalus)
 Impact on Society
• Established a ‘Precedent’ that parents are the locus of authority
for most infant cases. Third party (lawyers/activists) cannot sue on
the grounds of neglect.

• ‘Baby Doe’ amendment (1984)

(Was the parents decision correct????? I think, yes)

Thanks For Your Attention!!!