Delete Alternative Choice into the Child Medical Consent

Aug 6th, 2022
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How to Delete Alternative Choice into 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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Informed consent is the process in which a health care provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention. The patient must be competent to make a voluntary decision about whether to undergo the procedure or intervention.
Although parents usually have the legal and moral authority to act as surrogates for their children or adolescents, this is not always the case. For instance, parents might not be appropriate decision makers for a child or adolescent in any of the following situations: when parents lack decision-making capacity.
Legal guardians have custody of the children and the authority to make decisions concerning the child(ren)s protection, education, care, discipline, etc. Legal guardianship is assigned by a court, such as the family court, ing to state laws.
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
Good decision making skills means having a healthier lifestyle and living in a world where you are responsible enough to make your own decisions the proper way. Parents should make decisions for their children because children should have boundaries set for them, and be guided in the right direction by their parents.
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.
Once youre 16, youre assumed to have be the ability to make your own decisions. This is known as capacity. If there is concern about your capacity to make a specific decision, a process will be followed to decide whether you can make the decision or someone else should make the decision.
Under the law, children are entitled to protection and appropriate medical treatment despite their parents religious views. Most states require parents to provide a reasonable degree of medical care for their children. Otherwise, they may face legal consequences, regardless of their religious beliefs.

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