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Hart v. Brown

Superior Court of Connecticut

289 A.2d 386 (1972)

Relevant factsFree

Seven-year-old Kathleen Hart needed a kidney transplant, and her identical twin sister Margaret was a perfect donor match, but Dr. Brown and another physician (defendants) refused to proceed without a court ruling that the girls' parents, Peter and Eleanor Hart (plaintiffs), could consent for both children. At a hearing, the parents, guardians ad litem for both girls, a clergyman, and the physicians all agreed the transplant was in Kathleen's best interest, and the court questioned Margaret directly, finding she clearly wanted to help her sister.

IssueFree

Whether, under the doctrine of substituted judgment, a court of equity may permit parents to substitute their own consent for that of their minor children regarding an invasive medical procedure.

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