I wasn't under the impression that the American doctors know all that much as they have only done studies on a few babies and mice with similar conditions, but certainly not exactly the same. They certainly haven't examined Charlie and I think they angered the judge with their testimony that he wasn't suffering when they plainly had no idea.
The doctors certainly know wether he is suffering or not, that is easy. His parents might mean well but know nothing about this.
You are correct that courts here are required to hold the interests of any child as paramount in cases like this. As far as I am concerned this is correct, somebody must protect Charlie from grand standing anti abortion zealots who's main interest is attention seeking and parents who are easily manipulated in their grief.
I don't understand how you are framing this as the rights of society vs the individual. Nowhere is that argument relative to this case. It's not about public money. Once again, you have taken a British problem and framed it within an argument that Americans like to have. This is not a case of society denying Charlie his right to live, it is a case of society protecting Charlie.
The exact same condition is extremely rare, as is the broad class of diseases generally. The treatment is experimental, but has worked on similar conditions with astonishing results.
I mean look, it says doctor on my diploma, but very definitely not the medical sort. I know enough to figure out most of the worldwide experts on the condition are in the US. The culmination of their life's work is this drug/treatment that is having good results in similar conditions. Medically it should work on this condition too, but that's not proven as it's still experimental. For those doctors, it'd be catastrophically bad if it does not have positive results. It'd significantly set back testing and limit approval for wider use. Their reputations would take a big hit. Yet, they're so confident they want to bring the kid to be treated with the best people around. If not that then they're willing to send the drug with instructions and consult on the case.
If competent doctors are saying there's a chance of success, then that choice has to be for the patient (or next of kin) to make. Not some other doctor inserting their judgement in place of the patient. Certainly not for a judge to intervene in.
I've been shot a couple times, broke my back, a few other things. I think I've felt a little taste of suffering. I certainly know people who have endured so much worse. There is absolutely a point beyond which I wouldn't care for the quality of life. But that's my choice, and if I can't make it then my next of kin's choice. A doctor shouldn't be telling my next of kin he's going to be in this vegetative state forever and no wife you aren't allowed to pull the plug. And they also shouldn't be saying we don't see any hope and we refuse to listen to second opinions from better qualified experts so we're going to pull the plug against your will.
I get that the reality is this kid isn't going to heal up and have a normal life. If it was me in that state, I'd rather not live like that. If it was my kid, I'd probably pull the plug. But it's not my choice to make.
If this is a state based on individual rights from which the people are sovereign, then that choice belongs to the parents absolutely. If they want to move hospitals and it's medically possible to do without unreasonably endangering the child, then no one on earth can tell them no. If they want to pursue some treatment with whatever chance of success, as long as competent doctors are saying yes, then that's their choice. You may recall the case of the girl out in California I think it was who became brain dead after a botched root canal or whatever it was and doctors there were insisting the vegetative body be taken off life support when the parents didn't want to. I mean that case the patient is actually dead but not legally so and still those parents were able to move her to another facility that was willing to keep her going.
Versus the UK (which I do in a lot of ways love by the way), where the queen/govt is sovereign and rights emanate from the top down. In that sort of system, the judgement of society outweighs judgement of the individual, even in matters of self determination. So instead of the authority of the patient/parent being absolute (short of abuse and due process to terminate parental rights), it is just one source of input alongside that of doctors left for the state to decide the fate of a patient.
I hope you see the differences in those two systems.
This case is tragic, and I feel for everyone involved. But, I hope you can also see the implication if you wanted to move from a hospital that you thought misdiagnosed you and they wouldn't permit it, or they decided on a cancer treatment you didn't agree with or denied you treatment you and some other set of doctors believe you need. Or maybe they don't give you all the information because they've decided you won't understand it and so won't be able to see the logic of the course of treatment they've decided on for you. It is troubling to me there's a circumstance where those choices could be taken out of your hands.
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