Volume 90
The International Library of Bioethics
Series Editor
Dennis R. Cooley
North Dakota State University, History, Philosophy, & Religious Studies, Fargo, ND, USA
Editorial Board
Terry Carney
Faculty of Law Building, University of Sydney, Sydney, Australia
Marcus Dwell
Philosophy Faculty of Humanities, Universiteit Utrecht, Utrecht, Utrecht, The Netherlands
Sren Holm
Centre for Social Ethics and Policy, The University of Manchester, Manchester, UK
Gerrit Kimsma
Radboud UMC, Nijmegen, Gelderland, The Netherlands
Daniel P. Sulmasy
Edmund D. Pellegrino Center for Clinical, Washington, DC, USA
David Augustin Hodge
National Center for Bioethics, Tuskegee University, Tuskegee Institute, AL, USA
Nora L. Jones
Center for Urban Bioethics, Temple University, Philadelphia, USA
Advisory Editor
David N. Weisstub
Faculty of Medicine, University of Montreal, Montral, QC, Canada
Founding Editors
David C. Thomasma
Universit de Montral, Dordrecht, Zuid-Holland, The Netherlands
David N. Weisstub
Universit de Montral, Montral, QC, Canada
Thomasine Kimbrough Kushner
University of California, Berkeley, CA, USA
The International Library of Bioethics formerly known as the International Library of Ethics, Law and the New Medicine comprises volumes with an international and interdisciplinary focus on foundational and applied issues in bioethics. With this renewal of a successful series we aim to meet the challenge of our time: how to direct biotechnology to human and other living things ends, how to deal with changed values in the areas of religion, society, and culture, and how to formulate a new way of thinking, a new bioethics.
The International Library of Bioethics focuses on the role of bioethics against the background of increasing globalization and interdependency of the worlds cultures and governments, with mutual influencing occurring throughout the world in all fields. The series will continue to focus on perennial issues of aging, mental health, preventive medicine, medical research issues, end of life, biolaw, and other areas of bioethics, whilst expanding into other current and future topics.
We welcome book proposals representing the broad interest of this series interdisciplinary and international focus. We especially encourage proposals addressing aspects of changes in biological and medical research and clinical health care, health policy, medical and biotechnology, and other applied ethical areas involving living things, with an emphasis on those interventions and alterations that force us to re-examine foundational issues.
More information about this series at http://www.springer.com/series/16538
Allan J. Jacobs
Assigning Responsibility for Childrens Health When Parents and Authorities Disagree: Whose Child?
1st ed. 2022
Logo of the publisher
Allan J. Jacobs
Gynecologic Oncology, Coney Island Hospital, Brooklyn, NY, USA
SUNY Downstate College of Medicine, Brooklyn, New York, USA
ISSN 2662-9186 e-ISSN 2662-9194
The International Library of Bioethics
ISBN 978-3-030-87697-5 e-ISBN 978-3-030-87698-2
https://doi.org/10.1007/978-3-030-87698-2
Springer Nature Switzerland AG 2022
This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
This Springer imprint is published by the registered company Springer Nature Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
This book is dedicated to
Pamela Ravin Jacobs, my wife;
the memory of my parents, Pauline and Arnold Jacobs
and
all of the other parents in my family and in Pams
Acknowledgments
This book is the product of a lifetime of experience and study.
Richard L. OBrien, M.D., M.S., and Norman Gant, M.D., remain my models for professionalism. Both set high intellectual and humanitarian standards, which I hope I have upheld. Dr. OBrien did more to influence me as a person than anyone except my wife and my parents.
My wife, Pamela Jacobs, JD, Ph.D., was my muse, teacher, and supporter as I wrote this book. She did more than tolerate the time I lent to this effort. She introduced me to various fields of psychology. Our conversations provided me with many ideas and sharpened others. Pam has read the entire manuscript critically. Every page of this book bears her imprint. This would have been a far different and worse book without her input.
Kavita Shah Arora, M.D., MBE, helped me refine my ideas regarding the State Intervention Test, as did Hillel Levin, JD. Several of our collaborations are cited in this book. Other scholars who have read and provided useful suggestions about portions of this book include Johan C. Bester, M.D., Ph.D., Raphael Cohen-Almagor, Ph.D., Jules Gleicher, Ph.D., Yakov Korach, M.D., and Maury Silver, Ph.D.
I also wish to thank two anonymous reviewers for reading the book and offering valuable suggestions.
I alone am responsible for the content of this book, of course.
I am grateful to Floor Oosting, the Editorial Director at Springer Humanities, for her confidence in me, and for patiently waiting for the manuscript, which was delayed by a change in authorship and by the coronavirus pandemic. I appreciate, too, the help of Christopher Wilby of the Springer editorial staff.
Finally, I thank my children, Tamara Block, Sarah Jacobs, and Ethan Jacobs for their support and inspiration.
Notes
The opinions expressed in this book are solely those of the author. They do not necessarily represent the opinions of the New York City Health + Hospitals Corporation, the Physicians Associate Group of New York, the State University of New York, or any other organization with which the author is affiliated.
Statements about laws and medical facts are believed to reflect the state of knowledge at the time the author wrote them. They are subject to change, however, and should not be construed as statements of legal or medical fact at the time this book is read. All statements about law or medicine are meant as general statements, and are not to be construed as legal or medical advice, or applicable to the personal circumstances of any individual.