Considerations pertaining to neonatal life termination

Life termination causing or hastening death by the administration of a substance intended to have that effect – is a criminal offence in the Netherlands, which may constitute manslaughter or murder. However, under certain circumstances, a doctor who ends the life of a neonate may justify his/her action on the grounds of force majeure in the form of ‘necessity’. Such justification is legally acceptable if the neonate’s health status is such that the baby’s suffering is or will become so severe that the doctor’s duty to alleviate that suffering outweighs his/her duty to preserve the neonate’s life.

It is believed that there are several dozen cases of neonatal life termination a year in the Netherlands. However, few such cases are reported – probably at least partly because of the uncertainty that exists concerning the conditions that must be satisfied in order to support a claim of force majeure. With a view to improving this situation, the State Secretary for Health, Welfare and Sport and the Minister of Justice set up an Expert Committee on 1 September 2006. This Committee’s case review findings are taken into account by the Public Prosecutor when considering whether to prosecute doctors in life termination cases.

Committee

Composition of the Standing Committee on Medical Ethics and Medical Law

• Professor J.A. Knottnerus; Health Council, The Hague, president
• Professor J.K.M. Gevers, professor of medical law; AMC, University of Amsterdam, vice-president
• Dr G.C.M.L. Christiaens, gynaecologist; University Medical Centre, Utrecht
• Professor J.C.J. Dute, professor of medical law; University of Maastricht
• Professor R.P.T.M. Grol, professor of quality enhancement and monitoring in general medical practice; St Radboud University Medical Centre, Nijmegen
• Professor G.R.J. de Groot, professor of medical insurance law; VU University Amsterdam
• Professor H. Jochemsen, professor of medical ethics; Professor GA Lindeboom Institute, Ede (from 12 December 2006)
• Professor J.C.J.M. de Haes, professor of medical psychology; AMC, University of Amsterdam
• R.M. den Hartog-van Ter Tholen, Ministry of VWS, The Hague, adviser
• Professor G.A. den Hartogh, professor of ethics; University of Amsterdam
• Professor A.C. Hendriks, professor of medical law; University of Leiden / medical lawyer; Commission for Equal Treatment, Utrecht
• Dr W.L.M. Kramer, paediatric surgeon-paediatric traumatologist; Wilhelmina Children’s Hospital, University Medical Centre, Utrecht
• Professor F.E. van Leeuwen, professor of epidemiology; Dutch Cancer Institute, Amsterdam
• Professor J. Legemaate, professor of medical law; VU University Amsterdam / medical lawyer; KNMG, Utrecht
• Professor M.A. Verkerk, professor of medical ethics, University Medical Centre, Groningen
• Professor M. de Visser; Vice-president of the Health Council, The Hague
• Professor G.M.W.R. de Wert, professor of biomedical ethics; Institute of Health Ethics, University of Maastricht
• Professor D.L. Willems, professor of medical ethics; AMC, University of Amsterdam
• A. Bood; Health Council, The Hague, scientific secretary
• Dr W.J. Dondorp; Health Council, The Hague, scientific secretary