Cut off point in the Child Medical Consent

Aug 6th, 2022
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How to cut off point 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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CONSENT MUST BE EXPLICIT: No one should ever assume anything about sexual consent. CONSENT IS REVERSIBLE AT ANY POINT: Consent can be withdrawn at any time. BOTH THE PARTNERS MUST BE FULLY INFORMED: You cannot give consent if you are not fully informed. CONSENT NEEDS TO BE SPECIFIC: CONSENT SHOULD BE GIVEN FREELY:
Examples of giving nonverbal consent may include: Head nod. Thumbs up. Pulling someone closer. Nodding yes. Making direct eye contact. Actively touching someone. Initiating sexual activity.
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).
What is Consent? Consent is the unambiguous and willing participation or cooperation in act, behavior or attitude that is commonly understood to be consistent with the exercise of free will. There four tenants of consent: it must be clear, coherent, willing and ongoing.
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.
Any person age of 16 or over or married may consent to routine emergency medical or surgical care. Persons under eighteen (18) years of age may give legal consent for testing, examination, and/or treatment for any reportable communicable disease.
Consent Consent can be withdrawn at any time, as long as it is clearly communicated. Consent cannot be coerced or compelled by force, threat, deception or intimidation. Consent cannot be given by someone who is incapacitated, as defined below.
Enthusiastic consent can look like this: Asking permission before you change the type or degree of sexual activity with phrases like Is this OK? Confirming that there is reciprocal interest before initiating any physical touch. Letting your partner know that you can stop at any time.

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