Amish Family Fights Medical Guardianship of 11-Year-Old Daughter: 'It Affects Parental Rights of All Ohio Parents'
The Amish family at the center of a medical debate over whether their daughter should be forced to take chemotherapy is fighting back and arguing that even having a medical guardian appointed to them violates their constitutional rights.
"Fundamental and constitutional rights that implicate matters of great public importance and constitutional significance cannot be forfeited," wrote Maurice Thompson, an attorney for the Hershberger family in Ohio. Having a guardian who could overrule the parents "affects the parental rights and health care freedom of all Ohio parents."
The Hershberger family has been locked in a battle with the Ohio justice and medical systems ever since their 11-year-old daughter, Sarah, was diagnosed with leukemia. After a few rounds of chemotherapy, Sarah decided she did not want to take the medication anymore, and her family supported her decision. However, the hospital disagreed and took the matter to court, where a medical guardian was appointed for Sarah.
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The family then fled the United States in order to honor Sarah's wishes and only recently returned after being assured they would not face any charges for leaving the country. Now they are fighting the ruling appointing a medical guardian, which they say is a fight for all parents.
"Any parent could have significant decisions second-guessed, any parent could lose the right to choose the doctor, hospital and course of medical treatment of their choice," the Hershbergers wrote in their court filing.
They attest that Sarah is doing quite well now and does not need chemotherapy. She was treated with herbs and other natural remedies and is thriving, compared to being sick all the time due to chemotherapy.
In an ironic twist, the court-appointed guardian now wants off the case but firmly believes that another person should be appointed in her place. Maria Schimer has asked to be removed from her duties, claiming that it is impossible to stay in touch with the family.
