Delete Alternative Choice in the Child Medical Consent

Aug 6th, 2022
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How to Delete Alternative Choice 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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A person with parental responsibility must have the capacity to give consent. If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child.
Issues that need to be addressed are patient competence, consent, right to refuse treatment, emergency treatment, confidentiality, and continuity of care.
A waiver of for obtaining parental consent (permission) may be approved by the IRB if the following evidence is provided: The research is minimal risk. The waiver will not adversely affect the rights and welfare of the subjects. The research could not be practicably carried out without the waiver or alteration; and.
Parents cannot override the competent consent of a young person to treatment that you consider is in their best interests. But you can rely on parental consent when a child lacks the capacity to consent.
Types of consent include implied consent, express consent, informed consent and unanimous consent.
There are 4 components of informed consent including decision capacity, documentation of consent, disclosure, and competency. Doctors will give you information about a particular treatment or test in order for you to decide whether or not you wish to undergo a treatment or test.
Essential Elements of Informed Consent Description of the research and the role of the participant, including an explanation of all procedures relevant to the participant. Description of reasonably foreseeable risks. Description of expected benefits.
If the childs parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the childs life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.
What are the 4 principles of informed consent? The patient must be able to make a decision. There must be an explanation of information before a decision is made. The patient must understand the medical information given. The patient must understand their decision is voluntary.
When will the school ask for a parents consent? before conducting an initial evaluation of your child; before conducting a re-evaluation of your child; before providing special education and related services to your child for the first time (300.300);

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