Legal aspects of the withholding and withdrawing of intensive care in extremely premature infants. 2009

Evelien Delbeke
University of Antwerp.

Extremely premature infants--i.e. infants born at less than 27 weeks gestation--often face a grim prognosis. Hence, the question arises whether they should always be given intensive care and who should be the one deciding about that. This article explores these issues and starts from empirical data on the outcome of extremely premature infants to develop a legal framework. Throughout international literature, it seems there is a consensus that intensive care should not be given at a gestational age of less than 23 weeks, but should principally always be started from 25 weeks gestation on. Within the so-called grey zone (i.e. at 23 - 24 weeks gestation) however, different approaches are defended. Only the start- and revaluate approach is ethically and legally justified. When it comes to deciding about the treatment course of the infant, parents should be the final decision-maker as they have to live with the consequences of the decision.

UI MeSH Term Description Entries
D007231 Infant, Newborn An infant during the first 28 days after birth. Neonate,Newborns,Infants, Newborn,Neonates,Newborn,Newborn Infant,Newborn Infants
D007234 Infant, Premature A human infant born before 37 weeks of GESTATION. Neonatal Prematurity,Premature Infants,Preterm Infants,Infant, Preterm,Infants, Premature,Infants, Preterm,Premature Infant,Prematurity, Neonatal,Preterm Infant
D003422 Critical Care Health care provided to a critically ill patient during a medical emergency or crisis. Intensive Care,Intensive Care, Surgical,Surgical Intensive Care,Care, Critical,Care, Intensive,Care, Surgical Intensive
D003657 Decision Making The process of making a selective intellectual judgment when presented with several complex alternatives consisting of several variables, and usually defining a course of action or an idea. Credit Assignment,Assignment, Credit,Assignments, Credit,Credit Assignments
D005865 Gestational Age The age of the conceptus, beginning from the time of FERTILIZATION. In clinical obstetrics, the gestational age is often estimated from the onset of the last MENSTRUATION which is about 2 weeks before OVULATION and fertilization. It is also estimated to begin from fertilization, estrus, coitus, or artificial insemination. Embryologic Age,Fetal Maturity, Chronologic,Chronologic Fetal Maturity,Fetal Age,Maturity, Chronologic Fetal,Age, Embryologic,Age, Fetal,Age, Gestational,Ages, Embryologic,Ages, Fetal,Ages, Gestational,Embryologic Ages,Fetal Ages,Gestational Ages
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D028761 Withholding Treatment Withholding or withdrawal of a particular treatment or treatments, often (but not necessarily) life-prolonging treatment, from a patient or from a research subject as part of a research protocol. The concept is differentiated from REFUSAL TO TREAT, where the emphasis is on the health professional's or health facility's refusal to treat a patient or group of patients when the patient or the patient's representative requests treatment. Withholding of life-prolonging treatment is usually indexed only with EUTHANASIA, PASSIVE, unless the distinction between withholding and withdrawing treatment, or the issue of withholding palliative rather than curative treatment, is discussed. Withdrawing Care,Cessation of Treatment,Withdrawing Treatment,Care, Withdrawing,Treatment Cessation,Treatment Cessations,Treatment, Withdrawing,Treatment, Withholding,Treatments, Withdrawing,Treatments, Withholding,Withdrawing Treatments,Withholding Treatments

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