Abstract. In circumstances where a child's life or health would be put at risk of significant harm by a refusal of medical treatment by a parent, either the relevant child protection legislation or the parens patriae jurisdiction can be used, depending on the urgency and severity of the risk to the child. Parental Refusal of Consent for their Child's Medical ... Consent to medical and surgical procedures What Parents Can't Do | Psychology Today Diekema DS. A recent decision from the Connecticut Supreme Court garnered nationwide attention when it determined that a seventeen year old girl was not capable of directing the course of her medical treatment for Hodgkin's lymphoma. Special Considerations Regarding Children - Death 16 At the time of this decision, liver transplant surgery in children had a 10 year survival rate of 76%, with just 29% of these survivors needing a further liver transplant during those 10 years. Parents' Rights under Arizona Law | Center for Arizona Policy Traditionally, minors were considered to be incapable of providing legal consent to medical treatment. When it comes to religious exemptions from medical neglect law, states vary. Medical Neglect of a Child | LegalMatch Opting Out: The Importance of Parental Informed Refusals ... Many do allow for parents to refuse both preventative care and treatment for children. Generally, the exemption must be based on sincere religious beliefs, and the parents' membership in a recognized faith or religious tradition. A child's opinion should be heard in health-related matters and given due weight based on their capacity. For example, where children need blood products to prevent death or serious deterioration, a refusal by a parent who is a Jehovah's Witness is unlikely to be binding on doctors. <img height="1" width="1" style="display:none;" alt="" src="https://dc.ads.linkedin.com/collect/?pid=601754&fmt=gif" /> Law of Child Consent for Medical Treatment What to Do When a Child or Parent Refuses Treatment | AAP ... Unlike the law surrounding adult refusal of medical treatment, where the common law has unequivocally determined that individual autonomy prevails over other competing rights and interests, Footnote 1 the law around parents refusing medical treatment for a child requires a different approach. One particular dilemma that does occur in practice, involves the refusal of consent to medical treatment by both parents of a child aged <16 years old. But age should not be the determining factor in evaluating if a child has the capacity to consent or reject treatment and care. Parens patriae is the ability and protective duty . This dilemma pits respect for parental authority and recognition of the parent-child relationship as an important childhood interest against the clinician's obligations to promote and protect the health-related interests and wellbeing of the child. Outside of these circumstances, parents have the right to consent or refuse medical treatment for their children. Parental refusal of vaccines is a growing a concern for the increased occurrence of vaccine preventable diseases in children. Communicable diseases, for instance, would require treatment or isolation to prevent the spread to the general public. Parents make medical decisions for their children exercising both a responsibility to provide for them and a duty to protect them. Although the 'best interests' of the child are of primary concern, these must be understood widely, as including all and not just medical interests. child is critically ill.' Cases exist, however, where parents have refused medical treatment for their child because of their sincerely held religious beliefs. Parental authority is not absolute, however, and when a parent acts contrary to the best interests of a child, the state may intervene. A threat to the community : A patient's refusal of medical treatment cannot pose a threat to the community. Parental refusal of this life saving treatment was upheld by the Court of Appeal as in the "child's best interests". [10,11] A mentally competent individual has an absolute moral and legal right to refuse or reject the consent for medical treatment or transfusion except when he has diminished decision-making capacity or a legal intervention mandates treatment. The agency or person in whom custody is vested can then consent to necessary medical care. Based on constitutional rights, parents have a certain degree of leeway to make these treatment refusal decisions,3 and in no published case to date has a child asserted a treatment . ." 12 United Kingdom When parents refuse lifesaving treatment, and doctors accept that refusal, the doctors then usually recommend palliative care. Similarly, a pregnant minor can give effective consent for medical and health services (not dental services), but only for the purpose of determining "the presence of or to treat pregnancy . If a health care provider believes the decision to refuse care or treatment is not in the minor's best interests and has exhausted all efforts to mediate the Parental authority is not absolute, however, and when a parent acts contrary to the best interests of a child, the state may intervene. While adult patients are generally thought to have an absolute right to refuse medical treatment for themselves, we don't usually think that parents can refuse all medical treatment for their children.

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