Developmentally Disabled Patients Denied Care for Treatable Illness

In Wisconsin, a hospital is sued over denying care to patients with developmental disabilities who had treatable illnesses. One patient was denied food after asking for it, and another, who was unable to speak (not so sure about whether he could communicate though), was denied antibiotics and literally left to die, which he did--at age 13. In both cases assumptions about "quality of life" seem to have been made--and not by the individual who was being denied the care.

Not Dead Yet covered the story also, and links to A Statement of Common Principles on Life-Sustaining Care and Treatment of People with Disabilities from Syracuse University's Center on Human Policy. From that document,

In fulfillment of fundamental rights and in recognition of the historical treatment of people with disabilities in society:

* People with disabilities are entitled to exercise their rights to life-sustaining care and treatment and to self-determination and autonomy.

* Absent clear and convincing evidence of the desires of people with disabilities to decline life-sustaining care or treatment, such care and treatment should not be withheld or withdrawn unless death is genuinely imminent and the care or treatment is objectively futile and would only prolong the dying process.

* For the limited number of people who have lifelong cognitive disabilities and who have never had the ability to exercise self-determination regarding life-sustaining care and treatment, such care and treatment should not be withheld or withdrawn unless death is genuinely imminent and the care or treatment is objectively futile and would only prolong the dying process.

* When doubt exists as to whether to provide life-sustaining care and treatment a presumption must always be made in favor of providing such care and treatment.

The idea that one might be denied care (even when one asks for it!) for treatable illnesses simply because one is developmentally disabled is haunting. Could this happen to me? Could it happen to you? How do we keep it from happening to anyone? Hopefully there will be a useful outcome from the lawsuit.