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Issue: 26
Volume: 78
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Wednesday, May 30th, 2007
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Year in Review: Procedures found illegal
Children's Hospital admits violations in Ashley case

Doctors at Seattle's Children Hospital violated Washington state law by performing a hysterectomy and other medical procedures on Ashley, a young girl with severe mental disabilities, without first acquiring a court order. The statement, published on May 8 in the Washington Protection and Advocacy System's (WPAS) investigative report, was acknowledged by Seattle Children's Hospital.

"This was an internal miscommunication which resulted in a violation of the law, and for that we take full responsibility. We are instituting safeguards to ensure something like this never happens again," said Seattle Children's Medical Director Dr. David Fisher in a press conference on May 8.

The "Ashley treatment," which included the surgical removal of the girl's uterus and breast buds, and estrogen therapy to stunt her growth, first became public after Dr. Doug Diekema, brother of SPU Professor of sociology Dr. David Diekema, co-published a case study in October. Media attention flourished after Ashley's parents launched a blog at the beginning of January explaining the benefits of the procedures they chose.

"I don't think there was any malicious intent," said Associate Professor of biology Dr. Cindy Fitch, who discussed the issue in her bioethics class earlier this year. "I think it was an honest mistake and that there should have been more care on the legal side." Fitch also added that she doesn't think this omission affects the overall outcome that Ashley's life is better after the procedures.

The Washington Protection and Advocacy System, a nonprofit advocate organization with federal investigative authority, began looking into the 9-year-old girl's situation following the media attention and several letters of complaints. The purpose of the organization is to investigate cases with room for abuse.

Though no legal action has been taken, Children's agreed that for any future procedures of this sort the hospital will require court orders.


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