After a couple discovered that their child’s doctor took it upon himself to assign a do not resuscitate (DNR) that resulted in their boy’s death, state lawmakers jumped into action to make it illegal for doctors to make such decisions without talking to parents.
With HB-0200, which takes effect on May 1, legislators have modified Titles 58 and 75 to ensure parental rights are protected during a minor’s life-sustaining medical treatment.
“No child’s medical chart should have a DNR order or the withholding of life-sustaining treatment without parental knowledge or consent,” said Simon’s Law CEO and co-founder Sheryl Crosier, according to Live Action.
“Sheryl and her husband Scott founded Simon’s Law when, after their son Simon’s death, they discovered a DNR order on his medical chart, which had been placed there without their knowledge or consent,” the site added.
Simon was born in September of 2010 and at three days old, he was diagnosed with Trisomy 18, also known as Edward’s syndrome. When his oxygen levels began to drop in early December, doctors told his parents, “This is the end. Nothing can be done.” But once Simon had died, nurses indicated to the Crosiers that they had been prevented from helping Simon and that they should look at their son’s chart. On it, Simon’s parents saw that a DNR order had been placed in his medical file against their knowledge.
“I can’t bring my son, Simon, back,” said Sheryl, “but I want to make sure that no parent or guardian of a minor child is stripped of their parental rights in the determination of their child’s life or death.”
In addition to protecting children from non-parental DNR orders, the amendment also protects parental rights regarding life-sustaining treatment for their minor child. When reviewing Simon’s chart, his parents noticed that he had only been receiving comfort feeds, which did not provide enough nutrition for growth and development. In addition, Simon had been given Ativan (lorazepam), a drug they later learned suppressed his respiratory system and was contraindicated for his apnea.
“Unknown to us someone decided our son’s life had no value,” said Simon’s parents on the Simon’s Law website. “Without our knowledge or consent someone decided to withhold care, administer medications to hasten death and order a DNR to finalize Simon’s life.”
Twelve other states have passed similar laws.
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