JENSEN EX REL. JENSEN v. CUNNINGHAM

No. 20090277.

250 P.3d 465 (2011)

2011 UT 17

Parker JENSEN, a minor, by and through his parents and natural guardians, Barbara and Daren JENSEN; Barbara Jensen, individually, and Daren Jensen, individually, Plaintiffs and Appellants, v. Kari CUNNINGHAM; Richard Anderson; Lars M. Wagner; Karen H. Albritton; Susan Eisenman; and Jane and John Doe, Defendants and Appellees.

Supreme Court of Utah.

March 29, 2011.


Attorney(s) appearing for the Case

Roger P. Christensen , Karra J. Porter , Sarah E. Spencer , Salt Lake City, for plaintiffs.

Mark L. Shurtleff , Att'y Gen., Bridget K. Ramano , Joni J. Jones , Asst. Att'ys Gen., David G. Williams , Andrew M. Morse , R. Scott Young , Salt Lake City, for defendants.


Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 This appeal is the latest stage in a protracted dispute between the State of Utah and Barbara and Daren Jensen regarding the proper medical care of the Jensens' son, Parker. In it, we must balance the right of parents to direct the medical care of their child with the State's interest in protecting the health and safety of children within its borders.

¶ 2 A doctor who was treating...

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