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11 Med. L. Int'l 1 (2011)

handle is hein.journals/medclint11 and id is 1 raw text is: 






Medical Law International, 2011, Vol. 11, pp. 1-22
© 2011 A B Academic Publishers-Printed in Great Britain




PARENTAL INVOLVEMENT IN END-OF-
LIFE DECISIONS IN NEONATOLOGY: LEGAL
CONSIDERATIONS WITH REGARD TO DUTCH
MEDICAL PRACTICE


JOZEF H.H.M DORSCHEIDT*
University of Groningen, The Netherlands

EDUARD VERHAGEN**

University of Groningen, The Netherlands

PIETER J.J. SAUER***

University of Groningen, The Netherlands

JOEP H. HUBBEN****
University of Groningen, The Netherlands



ABSTRACT

Developments in legal and medical research regarding end-of-life decisions regarding
severely suffering neonates in the Netherlands provide good cause for reflection on
specific items of this issue. This article deals with the outcomes of the first national
survey on end-of-life practice in Dutch Neonatal Intensive Care Units (NICUs) and
examines the legal aspects of parental involvement in the decision making process. In
this regard the authors reflect on the Dutch interpretation of 'hopeless and unbearable
suffering', the medical-professional conduct in case of medical neonaticide, parental
authority over an infant's fundamental right to life and the role of parents in
supervising legal-procedural aspects.


INTRODUCTION

     The issue of end-of-life decisions regarding severely suffering
newborn infants has been-and still is-widely discussed. In this
debate, medical, ethical and legal aspects are thoroughly addressed
and the importance of a multidisciplinary approach of the issue is
generally acknowledged. Still, many aspects of the issue remain
undecided, while apparent consensuses regarding certain aspects are
often overtaken by new casuistic nuances.

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