Amish Couple Accused Of Medical Neglect Of Toddler

An Amish couple is facing allegations they are neglecting to provide medical care for their one year old son who suffers from a heart condition by refusing to allow an operation.

Barbara and Gideon Hershberger of Winthrop appeared in St. Lawrence County Family Court Thursday with close to a dozen members of the Amish community.

The Hershbergers do not face any criminal charges but were petitioned into court for a hearing by the Department of Social Services.

Their one year old son, Eli, suffers from a heart condition known as Tetralogy of Fallot (information about the disease here and here). It’s a heart defect that shows up at birth and involves four problems with the newborn’s heart. It is fatal if left untreated by surgery though those who receive surgery can usually live full lives.

The problem is that, in Amish culture, some medical procedures may clash with an Amish family’s individual beliefs. Amish culture sees religious faith as the ultimate healer. Medical treatment in general is not contrary to Amish beliefs, though individual families may make personal decisions not to use modern healthcare. (Editor’s Note: This article has been changed from its original version. See explanation below.)

Social Services petitioned Family Court to have the child removed from the Hershberger’s Amish home and placed in foster care allowing him to have the necessary surgery to correct his heart problem.County Conflict Defender William Galvin is the court appointed attorney representing the Hershbergers.

He says the 15 month old child does not display any symptoms of the heart condition right now.

Galvin says the Amish parents are currently “under an order to basically cooperate with the Department of Social Services.”

Galvin says “this case boils down to freedom of religion and how it interacts with the power of the state.”

The Amish child’s law guardian, attorney Mike Gebo, has been directed by the court to inspect the child to determine the extent of his medical condition.

In the meantime, the child is being allowed to remain with his parents until another court hearing September 19.

Galvin says he intends to research more about the Amish culture and religion and how it relates to the Hershberger case.

He did not rule out filing a motion to dismiss the Family Court petition.

(Editor’s note/July 8, 2008 - We took a second look at the above reference to Amish culture and medical care, based on comments on a website that linked to, and criticized, our story. We have concluded it’s misleading to say, as we did originally, that the Amish faith bars most medical procedures.

It would be more accurate to say, to quote from the Cleveland Clinic’s website:

“The Amish are very careful medical consumers.

If an Amish person is seeking medical treatment, it indicates that it is an emergency or a very important concern.”

Again, from the Cleveland Clinic…

“The Amish religion does not forbid its people to seek modern medical care.

When necessary, the Amish can have surgical procedures, dental work, anesthesia, or blood transfusions.

Organ transplants are permitted, except for the heart.

The Amish believe the heart is the soul of the body. (Exception: Pediatric patients who have not been baptized can receive a heart transplant.)

-Editor)