Court denies Akron hospital guardianship of Amish girl

Written By kolimtiga on Rabu, 04 September 2013 | 10.50

A Medina County probate court has denied a hospital's application for guardianship of a 10-year-old Amish girl who is dying of cancer.

Akron Children's Hospital had sought limited guardianship of Sarah Hershberger after her parents, Andy and Anna Hershberger, discontinued her chemotherapy treatments.

Doctors say chemo could mean life or death for Sarah, but her Amish parents believe their faith in God can overcome modern science and are opting for a more holistic approach.

In his decision, retired judge John J. Lohn wrote that the guardianship would interfere with the Hershbergers' natural rights and Sarah's need and desire to be cared for by her loving parents.

He also noted that chemotherapy is not certain to cure Sarah and will subject her to pain and suffering and that a parents' rights to make medical decisions for their child are protected under the U.S. Constitution.

Just weeks ago, a Medina County probate judge ruled in favor of the girl's parents, Andy and Anna Hershberger. 

Then on Aug. 27, an Ohio appeals court reversed that decision, ruling in favor of Akron Children's Hospital.

John Oberholtzer, lawyer for the Hershbergers, said after that decision that his clients were considering taking their case to the Ohio Supreme Court.

WKYC-TV


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