PARENTAL DISCRETION IN REFUSAL OF TREATMENT FOR NEWBORNS - A REAL BUTLIMITED RIGHT

Manslaughter charges were brought in Lansing, Michigan against Gregory Messenger, a local dermatologist, for removing his extremely prematur e infant son from a ventilator in a neonatal intensive care unit. The issue in the case was the degree of intervention required for the newb orn for whom the parents had been counseled that there was a 50% to 70 % mortality, and that if the child did survive, there was a 20% to 40% chance of severe intraventricular hemorrhage and a likelihood of subs tantial respiratory problems. In light of those grim data, the parents requested that no aggressive measures be undertaken. The neonatologis t instructed her physician's assistant to ventilate if the child was ' 'vigorous.'' The homicide charge was based on Gregory Messenger's fail ure to provide proper medical treatment for his infant son.