A Minnesota Judge has determined that the parents of 13 year old Daniel Hauser have “medically neglected” him. The ruling was based upon the parents’ refusal to allow the child to undergo chemotherapy. His parents, Colleen and Anthony Hauser, “have eight children, are Roman Catholic and also believe in the “do no harm” philosophy of the Nemenhah Band. The Missouri-based religious group believes in natural healing methods advocated by some American Indians,” according to the Associated Press.
Brown County District Judge John Rodenberg] allowed Daniel to stay with his parents, noting they love him and acted in good faith, but he gave them until Tuesday to get an updated chest X-ray and select an oncologist.
If the tumor has not grown and if Daniel’s prognosis remains as optimistic as doctors testified last week, then chemotherapy and possible radiation appear to be in Daniel’s best interest, Rodenberg wrote.
“The state has successfully shown by clear and convincing evidence that continued chemotherapy is medically necessary,” he wrote, adding he would not order chemotherapy if doctors find the cancer has advanced to a point where it is “too late.”
If chemotherapy is ordered and the family refuses, the judge said, Daniel will be placed in temporary custody.
It was unclear how the medicine would be administered if the boy fights it, which he said he would do, according to his court testimony unsealed Friday.
According to Daniel’s court testimony, he believes the chemo will kill him, and said: “I’d fight it. I’d punch them and I’d kick them.”
Daniel suffers from Hodgkins lymphoma, which is also known as Hodgkin’s disease. His oncologist recommended six rounds of chemotherapy. ”Doctors have said Daniel’s cancer had a 90 percent chance of being cured with chemotherapy and radiation. Without those treatments, doctors said his chances of survival are 5 percent. Child protection workersaccused Daniel’s parents of medical neglect, and went to court seeking custody.” However, despite the excellent chance of survival, his parents stopped after only one treatment.
“Court testimony indicated Daniel’s tumor shrank after the first round of chemo, but has since grown. His mother, Colleen Hauser, testified last week: “My son is not in any medical danger at this point.”
She has been treating his cancer with herbal supplements, vitamins, ionized water, and other natural alternatives — despite testimony from five doctors who agreed Daniel needed chemotherapy.
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In his ruling, Rodenberg noted that at age 13, Daniel can’t read. “He lacks the ability to give to medical procedures,” Rodenberg said.
“Bostrom said if an X-ray shows that there is still hope Daniel can be cured, it’s possible doctors will recommend the same treatment plan.
The question I ask you is, does the state statute go to far when it requires treatment and deems alternative and complementary health care methods aren’t enough?
Does the statute go to far or are you in favor of it?
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