IN RE DOE 418 S.E.2d 3 (1992) CASE BRIEF

IN RE DOE

418 S.E.2d 3 (1992)

NATURE OF THE CASE: This was a dispute over medical decision making for a terminally ill child.

FACTS: Doe had experienced medical problems from birth and she was admitted to the hospital for a mild choking episode. Over the next few weeks, Doe did not recover but she degenerated and her condition became limp and unresponsive. She was slipping between a stupor and a coma. Doctors agreed that she suffered from a degenerative neurological disease and by late May of 1991, she required a respirator. Feeding and breathing tubes were inserted by July and a DNR order with her parents was discussed. The mother signed the DNR order but the father did not. By September, the mother supported de-escalation of life support but the father did not. This court case was instituted to determine what the hospital was to do. By the time of the hearing, the mother no longer favored de-escalation and the court entered an order enjoining the hospital from de-escalating treatment or from enforcing the DNR order without both parents consent. The State filed an appeal.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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