A hospital plans to file appeal over case of Amish parents of a 10-year-old girl denying her chemotherapy treatment for leukemia, the Medina County Gazette reports.
Akron Children's Hospital will fight the ruling of Probate and Juvenile Judge John J. Lohn, who denied their application for limited guardianship last month. According to the Gazette, guarndianship of the girl, Sarah Hershberger, can only be guaranteed on the basis that the parents, Andy and Anna Hershberger, are unfit.
"The court cannot deprive these parents of their right to make medical decisions for their daughter because there is not a scintilla of evidence showing the parents are unfit," Lohn wrote in his court ruling Jul 31. "There was no basis in law and no basis in fact to file this action."
Sarah reportedly has tumors in her kidney, neck and chest, according to court records. At first her parents consented to the chemotherapy, but later decided to try "natural" alternatives when they saw how much pain she was in.
However, doctors did inform Sarah's parents that without treatment, their daughter was at a greater risk of dying from the cancer or related complications, the Gazette reports.
"The plan presented by Sarah's parents is almost certain to lead to Sarah's death," her attorneys wrote. "Every day that goes by without treatment, Sarah's chance of surviving her cancer is diminished."
Sarah's tumors did shrink during chemotherapy, but doctors did not diagnosis her as in remission.
"Sarah begged her parents to stop the treatments," the judge wrote. "Anna said she and Andy could not stand to watch what was happening to their daughter."
According to the Gazette, Sarah told the court the treatments made her sick, and she was afraid "it will make her infertile." If Sarah continues her treatment, her chance at survival reaches 85 percent.
Do you think the hospital has the right to intervene with the parents' decision? Leave your thoughts in the comments section below.