Resuscitation Decisions for “Fetal Infants”

In Miller v HCA, Inc 1 the Texas Supreme Court overturned a $60 million verdict against a hospital for resuscitation over the parent’s objections of a 23-weeks’ gestational age, 615-g infant. The “emergent circumstances” standard articulated by the court established an exception for children to the long-standing rule that unconsented touching constitutes battery.2 Under the exception, a physician may use life-sustaining treatment even over parental objection if, in the physician’s judgment, the infant is potentially viable and failure to treat would result in death. Once the child is stabilized and a full examination and assessment of the … Address correspondence to John J. Paris, SJ, PhD, Department of Bioethics, Boston College, 140 Commonwealth Ave, Chestnut Hill, MA 02467. E-mail: john.paris{at}bc.edu