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12/23/2008 04:05 PM

Court orders Amish family to allow son's surgery

By: Kaitlyn Lionti

CANTON, N.Y. -- A St. Lawrence County Judge orders an Amish family to allow their son to have heart surgery.


One and-a-half year-old Eli Hershberger has a heart defect that doctors say can only be corrected with surgery.

Eli's parents refused to give consent for the procedure because they say it would conflict with their religious beliefs.

However, a St. Lawrence County family court judge said not allowing the surgery would be medical neglect on the part of Eli's parents.

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The judge ordered the Hershbergers to allow the surgery, which means the family will not have to give their consent and violate their beliefs.


"If the child has the surgery and they cooperate as their required to, then their attorneys can come back in and ask that the finding of neglect that was made be stricken from the record," said David Willer, Senior Attorney for St. Lawrence County Social Services.

The court ordered the department of Social Services to start making arrangements for Eli's surgery immediately.

Eli will stay in his parents care and the court will make arrangements for their transportation during his treatment.