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[Note: Justina Pelletier now redirects to one-paragraph summary in article on BCH.]
The Justina Pelletier forced-hospitalization controversy was a dispute between Boston-area physicians regarding the correct medical diagnosis and treatment for Connecticutt teenager Justina Pelletier's illness and a related legal battle for custody of Justina between her parents and the Massachusetts Department of Children and Families (DCF). It received extensive media coverage in the United States during 2013-2014, and it led to the introduction in Congress of legislation aimed at eliminating one of the perceived causes of the incident.
As noted in several news reports, the two sides to the controversy were not equally willing and able to express their opinions and present their respective versions of the facts.cite The medical facilities and physicians involved in Justina's care, as well as the DCF, often refused to answer questions from the press, citing the legal and ethical requirements of patient confidentiality and also a gag order imposed by the judge hearing the case. On the other hand, Justina's parents and their supporters believed that it was very much in her best interest to publicise the details of her case as widely as possible, and that it was their duty to do so even in defiance of the gag order. As a result, the parents' side of the story is accessible from the press and other published sources in much more detail.
Medical background
editAt the time the dispute began, in February 2013, Justina Pelletier was 14 years old, and was living with her family in West Hartford, Connecticut. She had been suffering intermittent bouts of serious illness since 2010, and after initially being treated at Connecticut Children's Medical Center, she was referred to Dr. Alejandro F. Flores, a gastrointerologist at Tufts Medical Center.[1][2] Dr. Flores, in turn, referred her to Dr. Mark Korman, who diagnosed her illness as mitochondrial disease. This disease can run in families,[3] and Justina's sister Jessica, who is 10 years older than her, had previously been diagnosed with it, and was also being treated by Dr Korman.[2]
Dr. Korman treated Justina with a combination of medications and nutritional supplements. She was often well enough to live a fairly normal life, and in fact, as several press reports later mentioned, she had performed well in an ice skating competition that took place around the beginning of January, 2013. However, in mid-February she became seriously ill, and Dr. Korman advised her parents that she should be seen by a gastrointerologist as soon as possible. Dr. Flores had recently moved from Tufts to Boston Children's Hospital (BCH), and, as he was already familiar with Justina's case, Dr. Korman referred her there to be seen by him.
Dissenting diagnosis by BCH doctors
editCondition psychiatric mental ailment, not mitochondrial disease ("mito"). Parents do not accept alternative diagnosis; seek to take her back to Tufts.
Medical child abuse report to DCF
editMedical child abuse is defined by a standard text on the subject as taking place "when a child receives unnecessary and harmful or potentially harmful medical care at the instigation of a caregiver."[4] Under Massachusetts law, physicians and some other hospital staff members are "mandated reporters," who must immediately report any suspicion of child abuse to the Department of Children and Families (DCF). Accordingly,...
Medical care while in state custody
editConfinement in locked mental ward. Treatment for mito not continued. Dr Florres not allowed to see Justina. smuggled notes from Justina to parents reporting deteriorating condition. Claim Justina was the subject of a "medical experiment" (see Proposed Legislation, below).
Legal proceedings
editNews media coverage
editInitial reporting ("scoop") by Beau Berman of Fox CT. Two-part feature article by Boston Globe reporters[1][5] + unsigned editorial.[6] National network television (see references). Other national press. International press (London Daily Mail).
Catholic media coverage and church position
editClaim she was not permitted to attend Mass while hospitalised.[7] See also http://www.ncregister.com/daily-news/justina-pelletier-case-is-the-state-protecting-the-child-or-denying-parenta/#
Advocacy groups and social media
editFamily Court custody rulings
editMarch 2014 ruling
editOn March 25, 2014, Judge Johnston issued a disposition order[8] granting custody of Justina to the Massachusetts Department of Children and Families, with the parents having a right to
June 2014 ruling
editIn wake of outcry, CT state authorities taking responsibility, judge releases her to parents' custody.
Subsequent events
editInterviews
edithttp://www.foxnews.com/us/2014/06/28/justina-pelletier-says-no-one-should-go-through-her-ordeal/
Proposed legislation
editBachmann press release. See also Schassler.[9]
Governor's office e-mail release
edit"Appalling" CT governor's office emails about case released under FOIA. See Berman, Aug. 2014
Notes
edit- ^ a b Swidey, Wen & 15 December 2013.
- ^ a b ABC News & 10 February 2014.
- ^ MDA 2014.
- ^ Roesler & Jenny 2008, p. 43.
- ^ Swidey, Wen & 16 December 2013.
- ^ Link in External Links
- ^ Pineo & 9 May 2014.
- ^ In re:...
- ^ Schassler & 18 July 2014.
External links
edit- http://www.ncregister.com/daily-news/justina-pelletier-case-is-the-state-protecting-the-child-or-denying-parenta/#
- http://www.slate.com/articles/health_and_science/medical_examiner/2014/04/justina_pelletier_s_mitochondrial_disease_boston_children_s_hospital_suspects.html
- http://www.bostonglobe.com/opinion/editorials/2013/12/23/medical-child-abuse-needs-clearer-standards-and-guidelines/m0gf4a07zm4OtQXbXPZCjP/story.html
- http://www.dailymail.co.uk/news/article-2625710/Justina-Pelletiers-parents-denied-Mothers-Day-visit-daughter-hospital-February-2013-ward-state.html#ixzz31WKQK4cI
- http://www.ncregister.com/daily-news/justina-pelletier-case-is-the-state-protecting-the-child-or-denying-parenta/#ixzz30rpgEA3H
- http://www.theblaze.com/stories/2014/04/30/head-of-social-services-agency-at-center-of-pelletier-case-recent-deaths-resigns/
- http://documents.jdsupra.com/40161df8-56ec-47e4-9657-97a3f56c4fdc.pdf March court order.
References
edit- Balcells, Christy (23 February 2014). "First, Do No Harm: How We Failed Justina Pelletier and Her Family". Huffington Post. Retrieved 14 September 2014.
- Berman, Beau (6 August 2014). "CT DCF Commissioner: Pelletier 'Circus' About Parents, Not Justina". Fox CT. Retrieved 14 September 2014.
- In Re: Care and Protection of Justina Pelletier (Mass. Juvenile Court Dept., Boston Division 25 March 2014), Text.
- Corbin, Christina (8 May 2014). "Lawyers for Justina Pelletier family blast Massachusetts officials in letter". Crime and Courts. Fox News. Retrieved 15 September 2014.
- De Avila, Joseph (23 February 2014). "Teen's Care Spurs Wider Fight". U.S. News. Wall Street Journal. Retrieved 15 September 2014.
- De Avila, Joseph (6 May 2014). "Teen in Custody Battle to Move to Facility in Connecticutt". NY Region. Wall Street Journal. Retrieved 15 September 2014.
- "Advocates Fight for Justina Pelletier, Teen Held by State in Psych Ward". Good Morning America. ABC News. 10 February 2014. Retrieved 15 September 2014.
- James, Susan Donaldson (18 June 2014). "Justina Pelletier Heading Home After 16-Month Medical Custody Battle". ABC News. Retrieved 14 September 2014 – via Good Morning America.
- Kuruvilla, Carol (11 February 2014). "Parents fight for custody of Justina Pelletier after Mass. hospital locks her in psych ward". The New York Daily News. Retrieved 14 September 2014.
- Larimore, Rachael (27 March 2014). "The Sad, Scary Saga of Justina Pelletier". Slate. Retrieved 14 September 2014.
- "Mitochondrial Myopathies: Causes/Inheritance". Muscular Dystrophy Association (MDA). 2014. Retrieved 19 October 2014.
- "Reps. Bachmann, Bass, Marino, and McDermott Introduce "Justina's Law"" (Press release). Washington, DC: Office of Rep. Michele Bachmann. 27 June 2014. Retrieved 14 September 2014.
- Pierce, Charles P. (26 March 2014). "The Strange Case of Justina Pelletier". Esquire. Retrieved 14 September 2014.
- Pineo, Christopher S. (9 May 2014). "Family says teen in state custody has not been allowed to practice her faith". The Pilot. Boston. Retrieved 21 September 2014.
- Roesler, Thomas A.; Jenny, Carole (1 October 2008). Medical Child Abuse: Beyond Munchausen Syndrome by Proxy (1st ed.). Elk Grove Village, IL: American Academy of Pediatrics. ISBN 978-1581101362.
- Schassler, Kathleen (18 July 2014). "Justina Pelletier brings Congress to its feet". West Hartford News. Retrieved 14 September 2014.
- Boston Globe 10 free articles per month.
- Swidey, Neil; Wen, Patricia (15 December 2013). "A medical collision with a child in the middle". Metro. The Boston Globe. Retrieved 14 September 2014.
- Swidey, Neil; Wen, Patricia (16 December 2013). "Frustration on all fronts in struggle over child's future". Metro. The Boston Globe. Retrieved 14 September 2014.
- Swidey, Neil; Wen, Patricia (14 January 2014). "Teen in custody battle to be moved from hospital". Metro. The Boston Globe. Retrieved 8 October 2014.
- Swidey, Neil; Wen, Patricia (17 June 2014). "Justina Pelletier heads home after judge ends state custody". Metro. The Boston Globe. Retrieved 14 September 2014.
- Swidey, Neil; Wen, Patricia (19 June 2014). "Pressures mounted to end Justina Pelletier custody fight". Metro. The Boston Globe. Retrieved 14 September 2014.
- Witheridge, Annette (18 June 2014). "Justina Pelletier leaves state custody after 16-month battle". Daily Mail. London. Retrieved 14 September 2014.
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