Change topic in the Child Medical Consent

Aug 6th, 2022
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How to change topic in the Child Medical Consent

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- Im going to to talk to you today about the law around children and their autonomy in relation to medical care, particularly very unwell children who refuse treatment. So let me start with an example. So imagine youre a judge on call and a hospital comes to you with a terrible dilemma. Theyre treating a very ill child. Hes only 15 years old, 15 years 10 months to be precise. He has leukemia and he needs medications to hopefully help him get better. Now, if he has the conventional treatment, theres an 80 to 90% chance he will go into full remission, hell be fine. And theres an alternative treatment thatll only give them a 60% chance of remission, but theres a problem. Taking some of the conventional medicines will mean he will need a transfusion of blood and he and his family have made it clear that he doesnt want to transfusion because its against his faith as a Jehovahs Witness. The hospital have been respecting this, theyve been giving him alternative treatment instead,

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The four principles are respect for autonomy, beneficence, non-maleficence and justice. The four principles approach was developed by Beauchamp and Childress and has achieved prominence, at least partly, as a result of their authoritative book which is almost the bible of medical ethics.
Examples include: (1) if patients are capable of or willing to engage in decision making (2) if providers feel it provides more or less medico-legal protection, (3) if the Emergency Department is overwhelmed and time is of the essence to make decisions, and (4) if the facility lacks well-validated risk prediction tools
Thus, parents can provide informed consent only for themselves. Minors cannot provide informed consent unless they have been judged to be able to act as adults for that purpose (see the discussion below of emancipated and mature minors).
Informed consent (IC) can be defined as an ethical and legal doctrine based on the assumption that all interventions (diagnostic, therapeutic, preventive, or related to scientific studies) in the medical field should only be performed after a patient or research participant has been informed about the purpose, nature,
In Austria, Belgium, the Czech Republic, Estonia, Germany, Luxembourg and Sweden, there is no fixed minimum age requirement for consent to medical treatments. Instead, each situation is treated individually depending on the maturity of the child.
By definition, children are unable to provide informed consent to participate in research, although they might be able to give their assent. The IRB should determine that unless parental permission can be waived adequate provisions are made for soliciting the permission of the parent(s) or legal guardian(s).
It is a general legal and ethical principle that valid consent must be obtained before starting treatment or physical investigation, or providing personal care, for a person.
Implied and express consent Written consent should always be taken where: There are docHub risks or side effects associated with the proposed treatment or procedure. The patients lifestyle, employment or personal relationships could be adversely affected by the outcome of the treatment or procedure.

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