Welcome

Thank you for visiting paducahsun.com, the online home of The Paducah Sun.

Calendar
June 2012
S M T W T F S
27 28 29 30 31 01 02

Click here to submit an event.

Amish family: Forced chemo violates rights

Associated Press

TOLEDO, Ohio - A judge's decision appointing a guardian to make medical decisions for an Amish girl after her parents stopped her chemotherapy violated their constitutional rights and could affect the rights of other parents to make their own medical choices, the family's attorney said in a court filing.

The lawyer for the family of the girl, Sarah Hershberger, wants a state appeals court to overturn the order assigning the guardian.

Sarah and her parents have been in hiding to avoid resuming chemotherapy since the guardian was appointed in October. They won't return to their farm in northeastern Ohio until the guardian is removed, their attorney has said.

The guardian, Maria Schimer, an attorney who's also a registered nurse, also no longer wants to force 11-year-old Sarah to undergo chemotherapy for her leukemia because she can't contact the girl or her parents.

But she also said that an Ohio appeals court should not grant the Hershberger family's request to reverse the ruling that made her the girl's guardian because the family didn't raise the issue of their constitutional rights being violated in the trial court.

The lawyer for Sarah's family disagreed, responding in a filing on Friday with the Ninth District Court of Appeals in Akron that "fundamental and constitutional rights that implicate matters of great public importance and constitutional significance cannot be forfeited."

Allowing the guardian to overrule the parents "affects the parental rights and health care freedom of all Ohio parents," wrote Maurice Thompson, who leads the libertarian 1851 Center for Constitutional Law in Ohio.

"Any parent could have significant decisions second-guessed, any parent could lose the right to choose the doctor, hospital and course of medical treatment of their choice," the family's attorney said.

The Hershbergers decided this past summer to halt the cancer treatments because they feared the chemotherapy could end up killing the girl. Doctors at Akron Children's Hospital believe Sarah's leukemia is treatable, but they said in August that she will die within a year without chemotherapy.

Comments made about this article - 0 Total

Comment on this article

Your comment has been submitted for approval
captcha 2dd7c9c3e4424b14a74530fd9a3fac80
Top Classifieds
  • HAVANESE PUPS AKC Home Raised, Best H ... Details
  • Poodle or Cocker Pups - (270)476-258 ... Details
  • Rottweiler Pups - Mom AKCRegistered5 ... Details
  • Bedroom Suites New in Boxes. 6pc. che ... Details
  • PILLOW TOPmattress sets NEW in pl ... Details
  • Downsizing Due To HealthAntique furni ... Details
  • 1 acre corner lot Kevil $12000 270488 ... Details
  • SEEING is believing! Don't b ... Details
  • Single wide with W/D, gas range, refr ... Details
  • 2009 H-D XL883L. Windshields, Aux. Li ... Details
  • 2008 bennington 20ft. with 50HP Yamah ... Details
  • 2004 40Ft. Holiday rambler HRindever ... Details

Most Popular
  1. Paducah man arrested on stalking charge
  2. Doctor may have cure for state's pension ills
  3. Helping people succeed guided Veazey's career
  1. Sunday earthquake felt across region
  2. McCracken District Court
  3. McCracken County Indictments
  1. Paducah man arrested on stalking charge
  2. Doctor may have cure for state's pension ills
  3. Helping people succeed guided Veazey's career
Discussion

Check out these recently discussed stories and voice your opinion...