Family Court allows 6-year-old Australian boy with malignant brain tumour not to undergo radiation therapy

Australia’s Family Court reversed on Friday its earlier decision which mandated radiation therapy for a six-year-old boy suffering from malignant brain tumour. The court previously ruled in favour of the doctors of Oshin Kiszko at the Princess Margaret Hospital.

In opposing the treatments, Angela Kiszko, mother of the patient, says she prefers quality of her son’s life over quantity. “Children with medulloblastoma go through years of what I see as torture – medical treatment, relapses – just go get this maybe five years,” quotes ABC.

In reversing the court’s previous ruling and heeding Kiszko’s appeal, Judge Stephen Thackray explains because of the time lapse, Oshin’s chances of survival has been reduced significantly. Thackray wants to spare the boy from further psychological distress.

Australian doctors, though, are not in favour of Thackray’s decision. Dr David Isaacs, clinical professor in paediatrics at the Children’s Hospital at Westmead, points out that “courts aren’t the best places to settle these things.” He prefers it be an open discussion between the medical staff and the boy’s parents.

Dr Matthew Beard, moral philosopher with the Ethics Centre, says, "Everyone who's trying to make this decision is actually trying to act in what they are believe are Oshin Kishko's best interest," quotes ABC.

When the hospital went to court in April, it sought to provide patient autonomy to a caregiver or a guardian who would be given the right decided on behalf of the patient’s best interest.

But Thackray did not dismiss the hospital’s application. He instead adjourned it but did not schedule another hearing date in case the hospital decides to appeal the judge’s decision, reports The Australian. In acknowledging the action of Oshin’s parents, the judge says, “Although it was they who chose to expose themselves to the glare of an, at times, unforgiving public, there is no reason to consider that they were ever motivated by anything other than genuinely held beliefs and love for their son.”