Rights Agency Denounces Denial of Medical Care to Disabled Newborns

WASHINGTON — The denial of food, water and lifesaving medical care to babies with disabilities is a “significant civil rights problem” demanding greater supervision of doctors, the U.S. Civil Rights Commission said Friday.

A report approved by seven of the eight commissioners said hospital ethics committees and state and federal agencies have failed to adequately enforce the 1984 Child Abuse Amendments, which require care except in cases when it would be futile or inhumane or when a baby is chronically comatose.

The 513-page report, released after four years of work, charged that doctors are usually “the prime movers” in denying care even when parental approval is obtained, and said they often give advice on the basis of misinformation about the quality of life for the disabled and mentally retarded.

“The record of the commission’s inquiry leaves no doubt that newborn children have been denied food, water and medical treatment solely because they are, or are perceived to be, disabled,” the report said, adding that it is likely such denials of care are “widespread and continuing.”

“The commission is convinced that the evidence supports a finding that discriminatory denial of medical treatment, food and fluids is and has been a significant civil rights problem for infants with disabilities,” it said.

James Strain, executive director of the American Academy of Pediatrics, said doctors in the past may have made inappropriate life-or-death decisions, but that hospital review committees encouraged by the 1984 law were succeeding in preventing abuses, as well as involving clergy and other outside experts.

He said the panel found little evidence that the law is being enforced because there are few violations, and he questioned the panel’s role in the issue.

Commission member Robert Destro acknowledged that no hard figures existed on the total number of abuses, but he said there was extensive evidence.