Balancing Acts

A working single mom attending law school

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Archive for the ‘ethics’ Category

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Posted by newlawmom on November 1, 2009

One application for the FASPE Fellowship at Auschwitz for the study of professional ethics. Now THAT would be something. I am going to apply, realizing that my chances are very slim.  That is the opportunity of a lifetime. Beyond that? I have finalized my schedule for the spring semester. It is a mixed bag. I have class five days a week instead of four, and I have one crazy day on Wednesday. On the other hand, I am out by noon two days a week. So, what’s on the list? Commercial Law (aka UCC), Law and Medicine, Administrative Law, Medical Malpractice, and the final semester of my clinic. I need to get that health law thing rolling along. I would really like a summer job in the health law field but I need to get my butt in gear if that is going to happen. Other news? Not much. My life has gone crazy, high school has re-entered my life, aka I got into a dispute with a fellow student, and that’s about it. I hope my readers had a great day. Let’s begin the countdown until exams are over, shall we?


Posted in 2L, ethics, law school | Tagged: , , , | 1 Comment »

Choice or mirage?

Posted by newlawmom on May 26, 2009

Daniel Hauser and his mother have returned home, and the child is recieving appropriate medical treatment. The court allowed the parents to retain custody of the boy and it seems like a happy ending. With some luck, he will recover. But you are wrong. I hope Daniel gets physically better. I hope he never develops any other cancer as a result of the chemo itself. I hope that his family can support him as he deals with the incessant and horrible side effects of this treatment, and I hope the child doesn’t fight to hard and need not be restrained or have his rights violated to receive the treatment in the first place. I hope he and his parents have the strenght to deal with pure hell. However, I maintain that nobody should have the authority to dictate that this child be repeatedly injected with poisin that will almost kill him as it saves him from almost certain death.

Medicine is not God. People who practice it are not God. The opinions of one American educated doctor are not automatically better or more justified than the opinions of a doctor who was trained in a different country. We are not the only country where people get cancer, and we are not the only country that has found treatment for the disease. We are far, very far, from being the best, most perfect, most knowledgable, most moral, most Godlike people of the earth. And the sooner we learn that the better off we will be. While people are all set to force the Hauser’s to pursue a particular cure for their one child, Daniel, thousands upon thousands of other children are in the care of the government. Many hundreds, likely thousands of those children are in hospitals tonight. They are locked up, strapped in beds, and drugged. They are abused by other children, abused by adults, and ignored by 99.99% of the people who are all gung-ho about questioning the Hauser’s decisions. These kids are ignored. They are at risk. They do not get proper care. They do not get proper treatment. Half the states don’t even know where all of their children are. Children are left alone in hospital beds. They can be dead for months or years before anyone even reports them missing. So everyone who wants to get all philosophical about this one child might do a parentless child a favor by leaving the Hauser’s alone and finding a child who needs a parent. There are, after all, thousands of them available. And if you want one with serious health conditions to decide about, there are kids with all variety of those who don’t have a parent who cares to do anything at all.

Posted in child welfare, Child Welfare Issues, Daniel Hauser, ethics, foster care, Parenthood, Purpose, trauma | Tagged: , , , , , | Leave a Comment »

Blind faith in medicine

Posted by newlawmom on May 21, 2009

People should think long and hard about the mom who is on the run with her thirteen year old. One of my main contentions is that children are abused and tortured by the medical profession. I have witnessed it. Neither you nor I are in a position to judge the actions of this mother. People are allowed to refuse blood transfusions, for themselves and for their children.  Chemotherapy is poisin. It is a poisin that a majority of cancer specialists would refuse to use on their own bodies. And there is a reason for those statistics. For those people who choose to believe that medicine and doctors have the one and only cure for all that might ail a person, you are naive. Pharmaceutical companies drive health care in the USA. Money makes the choices. There is no “scientific” research on alternative medicine because the drug companies would not make any money if people took the natural or homeopathic route. Make no mistake that historically, doctors have killed and seriously injured many people by prescribing treatments that are later deemed to be dangerous. Any belief that medicine is good goes out the window when you get a glance at children tied to boards while they scream at the top of their lungs and “child life specialists” wave toys and bribe them with candy and toys and assure the parents that “they won’t remember”  the torture that the “all knowing” professionals deem necessary in the name of treatment. Whatever happened to “first do no harm”? Any doctor who would treat this child against his will and against the will of the parents would be committing a crime in my opinion. The very idea that the child is better off away from his parents is insane. All that allows is for a person who doesn’t know about the child and who has no vested interest in his life and well being (the whole life, not just the idea of it) to sign consents for torture. Once those consents are signed, all control is lost. The parents of this child love him. They have raised him for his entire life. There is no evidence they have ever harmed him in any way. They simply chose, after watching the results of one poisining, to not subject him to another. There are other treatments available. Maybe they will work, maybe they won’t. The fact that one alternative approach has failed means nothing. If the state would butt their nose out of it, the parents would most likely pursue alternate approaches. Maybe in the end they would even decide to try the chemo again. But those choices should not be made by doctors who are tied up in the hands of profit machines, and our judges should be competent enough to realize that the drug companies do not have the only viable and reasonable options for the treatment of illness and disease. Indeed, when done against the will of the patient, such treatment is criminal. I hope the mother and her son are able to remain safely outside the hands of those who seek to interfere. I pray to God that people in this country wake up soon and realize the dangers of  blind reliance.

I will pray for the forgiveness of any person who unwittingly participates in this disaster: the doctors,  police, the judge, and any foster parents or state workers who honestly believe they are doing what’s best for this child. But in the end, it is the biological parents and the child himself who are justified in their actions.

Posted in child welfare, ethics, foster care, Parenthood, trauma | Tagged: , , , | Leave a Comment »

RAD and the law

Posted by newlawmom on April 9, 2009

Well, I still don’t have it all figured out. But I do find myself continuing to peruse message boards and blogs that relate to attachment disorder, foster care and adoption. Less so boards that relate to childhood mental health problems in the absence of trauma. I think of my son nearly every day. I wish I could picture him living happily and successfully, just as though nothing bad ever happened to him at all. I think every mother would wish that for her child, just to be able to fix all the problems. I couldn’t fix them so now I just like to dream that the problems just magically disappeared for him once I stepped out of the picture. But in my heart I know that is an illusion. Last night I almost signed up on a message board for people who have experienced disrupted adoptions. But I stopped because I figure most of those people had infants who they wanted and never got rather than mothers like me who voluntarily (and necessarily) gave up a child and returned him to the custody of the state. It nearly killed me. But the damage done to him, to me, and particularly to my other children would have been much more substantial if I had continued down an impossible path. I was way out of my league. Sadly, I don’t think there is a league that is prepared to deal with the serious disturbances that can result when a human being is tortured for the first few years of life. If there was, I surely would have found it. The struggle now is to figure out how the law can benefit these children, or better yet, how it can be applied to protect them in the first place. I think the basis for this needs to be found in the constitution.  I will be working with a professor over the summer on establishing a network within the school for training to be a court appointed special advocate (CASA) and guardian ad litem (GAL) for children in state placement. That is good. But it is not the solution to the underlying problem, which is my focus and ultimate goal. The children in this country must have certain rights, and when those rights are violated, they must have access to justice and appropriate restitution, including appropriate physical, mental, and emotional health care. And I need to either locate or perform research that will establish that these children DO NOT recover from their substantial injury. I suspect that is the case more often than not, despite the happy face people want to put on the situation. It is not enough to promote foster care and adoption. That does not put these children into a position where they are made whole.  I am not anti-foster care. I am Pro-child. Every child, including the invisible ones. So…at the end of my first year of law school, I remain committed to the children, even if I have needed to devote my energy to legal subjects that seem to have nothing to do with child welfare at all.

Posted in 1L, child welfare, Child Welfare Issues, ethics, foster care, law school, Parenthood, Purpose, trauma | Tagged: , , , , , , , | Leave a Comment »