Analysis of information sources in references of the Wikipedia article "Timeline of disability rights in the United States" in English language version.
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(help)The Project filed Poe v. Lynchburg Training School on behalf of 8,000 women involuntarily sterilized by a state mental institution in Virginia. In a settlement reached in 1985, the state agreed to inform the women about what had been done to them and to help them get counseling and medical treatment.
At 4am on November 12, 1915, a woman named Anna Bollinger gave birth at the German-American Hospital in Chicago. The baby was somewhat deformed and suffered from extreme intestinal and rectal abnormalities, as well as other complications. The delivering physicians awakened Dr Harry Haiselden, the hospital's chief of staff. Haiselden came in at once. He consulted with colleagues. There was great disagreement over whether the child could be saved. But Haiselden decided the baby was too afflicted and fundamentally not worth saving. It would be killed. The method: denial of treatment.
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ignored (help)It is clear that the doses involved were low and that it is extremely unlikely that any of the children who were used as subjects were harmed as a consequence.
If all of the above procedural requirements have been followed, we hold that a probate judge may permit a sterilization after making specific written findings from clear and convincing evidence, that it is in the best interests of the incapacitated ward, rather than the parents' or the public's convenience, to do so.
This appeal raises the question of whether the superior court has the authority to order the sterilization of a mental incompetent upon petition by the incompetent's legal guardian. We conclude that the superior court, as a court of general jurisdiction, does have the authority to entertain and act upon such a petition. [...] Basic notions of procedural due process require that the incompetent be afforded a full judicial hearing at which medical testimony is presented and the incompetent, through a guardian ad litem, is allowed to present proof and cross-examine witnesses. The advocates of the proposed operation bear the heavy burden of proving by clear and convincing evidence that sterilization is in the best interests of the incompetent.
Accordingly, we hold that the probate court has jurisdiction to hear an application by a guardian for authorization to consent to an extraordinary procedure under M.C.L. § 330.1629; M.S.A. § 14.800(629), including sterilization, and to order such authorization if it determines the procedure is in the ward's best interests.
We conclude, therefore, that as to incompetent minors circuit courts, acting in pursuance of their inherent parens patriae authority, have subject matter jurisdiction to consider a petition for an order authorizing a guardian to consent to the sterilization of an incompetent minor. [...] In addition to these factors, the trial court, before authorizing sterilization as being in the best interests of the incompetent minor, must find by clear and convincing evidence that the requested operative procedure is medically necessary to preserve the life or physical or mental health of the incompetent minor.
First, the party seeking sterilization may demonstrate by clear and convincing evidence that the ward, if competent, would have wished to be sterilized and would not have objected to the chosen method of sterilization. If the party seeking sterilization can meet this burden after all procedures have been followed and all relevant evidence has been taken into account, then the court may issue an order authorizing sterilization of the ward. The party opposing sterilization can attempt to produce clear and convincing evidence that if the ward were competent, she either (1) would not have wished to be sterilized if she could have foreseen her current situation, or (2) would not have consented to the chosen method of sterilization. If either of these things can be demonstrated, then following the substituted judgment standard provided for in the Probate Act, the ward's wishes prevail and the court should deny the petition for sterilization. No analysis of the ward's best interests is necessary under either of these scenarios. However, if the ward's substituted judgment cannot be proved by clear and convincing evidence either way, then the Probate Act instructs us to proceed to a best interests analysis, following the six Terwilliger factors outlined above. As discussed, the petition for sterilization should be granted if and only if the proponent of the petition can prove it is in the ward's best interests by clear and convincing evidence, when compared to other, less intrusive alternatives currently available to the ward, as well as potential future alternatives that may become available due to scientific or medical advances. If the court concludes, after analysis of all the above factors, that sterilization by the petitioned-for method is proven to be in the ward's best interests by clear and convincing evidence, then a petition authorizing the procedure may issue. Otherwise, the petition must be denied.
The film was inspired by the sensational case of Dr. Harry Haiselden, a Chicago surgeon who convinced the parents of a newborn with multiple disabilities to let the child die instead of performing surgery that would save its life. In the film, Haiselden actually plays himself, a wise doctor who attends the birth of a child born with congenital syphilis – incurable at the time and a major cause of congenital disabilities. Two other doctors interfere, out of personal pride and misplaced benevolence, and try to convince the woman to save the child's life. The woman is forced to choose.
... psychiatrists can discuss mental health issues with the news media, but that it is unethical for them to diagnose mental illnesses in people they have not examined and whose consent they have not received.
The officers in the unit have carried Tasers since shortly after the 1984 death of Eleanor Bumpurs, a disturbed, obese woman who was shotgunned to death by an officer in her apartment after she escaped a restraint and brandished a knife.
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: CS1 maint: numeric names: authors list (link)The day-old daughter of Mr. and Mrs. William Meter of 121 North Cicero Avenue, died today at the German-American Hospital, where Dr. Harry J. Haiselden refused to perform an operation which he acknowledged probably would save the child's life. Physician, Who Acted Similarly in the Bollinger Case, Suspects Pre-Natal Influence.
Dr. Harry J. Haiselden, who refused to perform an operation on the Bollinger baby because he believed the child would be a hopeless defective, will be expelled from membership in the Chicago Medical Society if the council of that body approves the findings of the Ethical Relations Committee.
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