Theoretical Medicine and Bioethics

, Volume 25, Issue 4, pp 265–276 | Cite as

Child Welfare Versus Parental Autonomy: Medical Ethics, The Law, and Faith-Based Healing

  • Kenneth Hickey
  • Laurie Lyckholm


Over the past three decades more than 200 children have died in the U.S. of treatable illnesses as a result of their parents relying on spiritual healing rather than conventional medical treatment. Thirty-nine states have laws that protect parents from criminal prosecution when their children die as a result of not receiving medical care. As physicians and citizens, we must choose between protecting the welfare of children and maintaining respect for the rights of parents to practice the religion of their choice and to make important decisions for their children. In order to make and defend such choices, it is essential that we as health care professionals understand the history and background of such practices and the legal aspects of previous cases, as well as formulate an ethical construct by which to begin a dialogue with the religious communities and others who share similar beliefs about spiritual healing. In this paper, we provide a framework for these requirements.

Christian Science faith healing religion and ethics 


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  1. Adapted from Gayle Quigley v. First Church of Christ, Scientist et al., 65 Cal. App. 4th 1027; 1998 Cal. App. LEXIS 677; 76 Cal. Rptr. 2d 792; 98 Cal. Daily Op. Service 5928; 98 Daily Journal.Google Scholar
  2. Asser, S. M., and R. Swan. “Child Fatalities From Religion-motivated Medical Neglect.” Pediatrics 101, no. 4 (1998): 625–629.Google Scholar
  3. Beauchamp, T. L., and J. F. Childress, Principles of Biomedical Ethics. 4th edition. New York: Oxford University Press, 1994.Google Scholar
  4. DeGeorges, R. T. “Letter to the Editor responding to Christian Science's Right to Refuse.” The Hastings Center Report 25, no. 4 (1995): 2.Google Scholar
  5. Gorski, E. “A matter of Life and Faith,” The Gazette 25 (March 2001): http:// www. gazette. com/archive/01-03-25/daily/top2. html.Google Scholar
  6. Janofsky, M. “Colorado Children's Deaths Rekindle Debate on Religion: Should Parents be Allowed to Deny Care?” New York Times 21 (February 2001): sec. A, 10.Google Scholar
  7. Kipnis, K. “Letter to the Editor responding to Christian Science's Right to Refuse.” The Hastings Center Report 25, no. 4 (1995): 3.Google Scholar
  8. Kipnis, K. “Parental Refusals of Medical Treatment on Religious Grounds: Pediatric Ethics and the Children of Christian Scientists.” In Liberty, Equality and Plurality. Edited by L. May, C. Sistare, J. Schonsheck. 268–280. Lawrence, Kansas: University of Kansas Press, 1997.Google Scholar
  9. Lofholm, N. “Prayed-over Girl Died of Untreated Diabetes.” Denver Post 8 (February 2001): http://www. rickross. com/reference/general/general342. html.Google Scholar
  10. May, L. “Challenging Medical Authority: The Refusal of Treatment by Christian Scientists.” The Hastings Center Report 25, no. 1 (1995): 15–21.Google Scholar
  11. McGrory, B. “No Charge Planned in Unvaccinated Boy's Death.” Boston Globe 2 (April 1994): Metro/Region, 20.Google Scholar
  12. Merrick, J. C. “Christian Science Healing of Minor Children: Spiritual Exemption Statutes, First Amendment Rights, and Fair Notice.” Issues in Law & Medicine 10, no. 3: 321–342.Google Scholar
  13. Skolnick, A. A. “Christian Science Church Loses First Civil Suit in Wrongful Death of a Child.” The Journal of the American Medical Association 270, no. 15 (1993): 1781–1782.Google Scholar
  14. Swan, R. “Religious Exemptions From Health Care For Children: Federal Policy.” Children's Health Care Is A Legal Duty, Inc. (CHILD). http://www. Scholar
  15. Talbot, N. A. “The Position of the Christian Science Church.” The New England Journal of Medicine 309, no. 26 (1983): 1641–1642.Google Scholar
  16. Watchtower and Bible Tract Society. Jehovah's Witnesses and the Question of Blood. Brooklyn, New York: Watchtower Bible and Tract Society, 1977.Google Scholar
  17. Watchtower. Official Web Site of Jehovah's Witnesses. http://www. watchtower. org.Google Scholar

Copyright information

© Kluwer Academic Publishers 2004

Authors and Affiliations

  • Kenneth Hickey
    • 1
  • Laurie Lyckholm
    • 2
  1. 1.Chief Resident Department of Emergency MedicineVirginia Commonwealth Medical CenterVirginia
  2. 2.Associate Professor of Internal Medicine Division of Hematology/OncologyVirginia Commonwealth University Medical CenterVirginia

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