A hospital in NSW has won a court case ordering it to provide life-saving treatment for acute lymphoblastic leukaemia to a teenager with extensive disabilities, against the wishes of her parents.
It’s the second decision in as many months by the NSW Supreme Court weighing the views of doctors against those of a minor diagnosed with cancer or their relatives.
The present case involved a 14-year-old girl, identified as OL, who was diagnosed with Pre-B-cell ALL following blood tests earlier this month at a hospital in rural NSW.
Doctors gave her a life expectancy of two to four weeks in the absence of their proposed chemotherapy regime, which was expected to take upwards of two years but carrying a 90% chance of survival.
However, the patient’s parents sought to oppose the treatment, saying it would be intrusive and debilitating to the point of requiring regular physical restraints or general anaesthetic in view of her existing medical problems.
Her medical history of disabilities included SCN8A gene-related drug resistant epilepsy, developmental and epileptic encephalopathy (DEE), severe developmental delay and autism spectrum disorder level 3.
The case was heard by Justice Michael Elkaim, who agreed the treatment would be “very difficult”, given the girl’s developmental age of approximately 18 months and her challenges with behaviour and communication.
“The mother would prefer there to be no treatment for the leukaemia,” he said in findings handed down last week (link here).
“She would prefer her daughter receive palliative care and be allowed to die at home.”
“Her wishes are not based on any religious or cultural belief. They are derived completely from her love for her daughter and her desire to avoid further suffering to an already medically challenged child.”