HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Friday, August 7, 2020

Brief of Professor George P. Smith, II, as Amicus Curiae in Support of the American Hospital Association, et. al., Bowen v. American Hospital Ass'n, 476 U.S. 610 (1986)

George P. Smith (Catholic University of America), Brief of Professor George P. Smith, II, as Amicus Curiae in Support of the American Hospital Association, et. al., Bowen v. American Hospital Ass'n, 476 U.S. 610 (1986), CUA Columbus Sch. Of L. Legal Stud. Research Paper No. 2020-01:

This Brief argues that Section 506 of the Federal Rehabilitation Act of l973, as amended, seeks to foster vocational rehabilitative programs and encourage integration of handicapped individuals into a variety of federally funded programs, but not in the deliverance of health services. In the case at bar, the United States Department of Health and Human Services implemented the Rehabilitation Act through the promulgation of regulations and interpretative guidelines which have the effect of intruding into this particular case of parental decision making where it was determined that a newborn son (Infant Doe) suffering as such from Down's Syndrome and a treatable birth defect of esophageal atresia and a constricted main artery, was not to be treated, but instead, allowed to die. The argument advanced in this Brief by the Amicus Curiae is that Section 504 of the Rehabilitation Act neither allows nor mandates treatment by hospitals of new born infants with severe medical handicaps; for, to do otherwise, would be violative of the right of parental privacy to determine what is in the best interests of their child.

https://lawprofessors.typepad.com/healthlawprof_blog/2020/08/brief-of-professor-george-p-smith-ii-as-amicus-curiae-in-support-of-the-american-hospital-associatio.html

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