STARK COUNTY COURT Parents win fight on son's medical care Tuesday, November 19, 2002 Associated Press CANTON (AP) -- Parents can't be forced to treat their child's leukemia with the chemotherapy that doctors have recommended, a judge ruled yesterday. The case is thought to be the first of its kind in Ohio. Theresa and Greg Maxin's decision to switch to a diet-based treatment does not constitute neglect of their 7-year-old son, Noah, said Judge David Stucki. "These are not parents who refused medical treatment or who elected to take Noah to a witch doctor or a shaman,'' Stucki ruled. He said they carefully researched and selected an alternative treatment, which was their right. "Gregory and Theresa Maxin are loving parents involved in a battle to save Noah from the disease of leukemia,'' Stucki said. "The last thing they all need is to simultaneously do battle with the medical and legal community over their own well-informed, researched and compassionate decisions regarding medical care for Noah.'' Stark County's Department of Job and Family Services had accused the couple of neglect because they refused to continue their son's chemotherapy. Greg Maxin said his lawyer called Monday morning to tell him about the judge's decision. "We were overjoyed and we couldn't stop cheering and crying,'' he said. "We are just trying to make the best decisions for our child that will give him the highest quality of life,'' he said. Diagnosed with leukemia in May, the boy completed three months of a 3 1/2 -year treatment plan that included a blood transfusion and drugs, but the parents became concerned that the chemicals would lead to long-term health problems and stopped his treatment. The Canton couple switched to holistic treatment based on a diet designed to strengthen their son's immune system, under the guidance of a physician licensed in both family medicine and holistic treatments. Greg Maxin would not discuss his son's diet in detail, but said the boy does not eat any sugar, dairy products or red meat. He eats a lot of fish and white meat and drinks a lot of fluids to flush toxins from his body. The county's complaint in Stark County Family Court said that Noah's leukemia, though in remission, could return if the treatment is rejected. Randy Muth, a attorney for the social-services agency, argued that Ohio law requires parents not only to care for their children but to provide proper medical treatment. After consulting with medical experts and reviewing leukemia treatment research around the country, "our opinion was that this holistic approach is not the proper medical treatment,'' Muth said. Gregory Beck, an attorney for the Maxins, said the ruling shows that parents have a right to choose their children's medical care. "I don't know how you can claim these well-intentioned parents were neglectful,'' Beck said. The parents spent months researching their child's illness and ultimately concluded that the damage that chemotherapy causes to the body outweighs the benefits of the treatment. Copyright © 2002, The Columbus Dispatch Remember we are NOT Doctors and have NO medical training. This site is like an Encylopedia - there are many pages, many links on many topics. Support our work with any size DONATION - see left side of any page - for how to donate. You can help raise awareness of CAM.