Seattle hospital broke law in treating ‘Ashley’
SEATTLE – A Seattle hospital acknowledged breaking state law when doctors performed a hysterectomy on a severely developmentally disabled girl whose parents have pursued medical treatments to stunt her growth, making her easier to care for.
Sterilization surgeries must not be performed on children without a court order, Children’s Hospital and Regional Medical Center said Tuesday after an investigation by Washington Protection and Advocacy System. The hospital also agreed to appoint “someone with a disability rights perspective” to its ethics committee.
Doctors performed the experimental surgeries in 2004, removing the girl’s uterus and breast buds. The girl, identified only as “Ashley,” was 6 years old at the time. The hospital’s ethics committee supported the treatment, which included hormone therapy, but noted before the surgeries that court review would be required.
A lawyer for the girl’s parents disagreed, saying the state law did not apply in Ashley’s case, and the hospital performed the procedures without court permission. Ashley was diagnosed with severe brain damage shortly after birth, and her condition has left her in an infant state, unable to sit up, roll over, walk or talk.
“We deeply regret that a court order was not obtained and that an independent third party was not sought to represent Ashley. We take full responsibility for the miscommunication between the ethics committee and the treating physicians,” said Dr. David Fisher, the hospital’s medical director. “We have introduced new safeguards so that procedures requiring a court order will have one obtained before they begin.”
On their blog Tuesday, Ashley’s parents praised the vigilance of the advocacy group that investigated the case. But they also said they hoped requiring court orders in such cases would not create obstacles for parents seeking the best care for their disabled children.
“We hope that other families of the many children like Ashley will likewise be able to care for and benefit their children without undue obstacles,” they wrote.
Curt Decker, National Disability Rights Network executive director, said, “We hope that the agreement between WPAS and Children’s Hospital will be the first step in resolving this issue and that the long-term result will be an end to the use of the ‘Ashley Treatment.’ I know the entire disability community will be carefully watching the implementation of this agreement.”