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Bioethics Keyed to Clark, 9th Ed.
Newmark v. Williams
Citation:
588 A.2d 1108 (1991)Facts
Colin Newmark, a three-year-old boy, was diagnosed with Burkitt’s Lymphoma, an aggressive form of pediatric cancer. His parents, Morris and Kara Newmark, were well-educated and financially stable Christian Scientists who initially took Colin to the hospital due to vomiting and loss of appetite. After surgery revealed a large mass connecting Colin’s intestines, doctors diagnosed him with advanced cancer and recommended an intensive chemotherapy regimen. The treatment offered only a 40% chance of “success” (defined as two years without recurrence) and involved significant risks, including potential kidney failure, infections, and possibly death from the treatment itself. The Newmarks refused the chemotherapy, preferring to treat Colin with spiritual healing according to their religious beliefs. The Delaware Division of Child Protective Services petitioned for temporary custody to authorize the treatment, arguing that the parents’ refusal constituted neglect despite Delaware’s statutory exemption for spiritual treatment.
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