Faint period in the Child Medical Consent in a few clicks

Aug 6th, 2022
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How to faint period 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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If the individual has no real choice, consent is not freely given and it will be invalid. This means people must be able to refuse consent without detriment, and must be able to withdraw consent easily at any time.
Consent cannot be given by individuals who are underage, intoxicated or incapacitated by drugs or alcohol, or asleep or unconscious. If someone agrees to an activity under pressure of intimidation or threat, that isnt considered consent because it was not given freely.
Medical neglect refers to a parent or guardian failing to provide adequate medical care for a dependent or minor child in their care. This can include, but is not limited to: Refusing or denying access to medical care in an emergency. Refusing to support medical expenses for necessary treatment without good cause.
If a parent has sole legal custody, they can generally make health care decisions for the child without the other parents input. If joint, it is likely both parents must agree. If they do not, one could file an order with the court and take the issue to litigation.
In Ontario, there is no specific age that determines when a child has the right to decide about his/her own medical treatment. A health care provider in Ontario must determine if the child has capacity to consent to treatment or refuse treatment.
The parent may face child abuse, child neglect, and assault charges for failing to provide the necessary medical care for their child. A conviction on these criminal charges could mean penalties like time in prison, fines, and mandated parenting classes.
The health care has to be in the childs best interests If a child or their parent refuses health care that two doctors say is necessary to preserve the childs life or health, the child welfare authorities can ask a court to overrule the refusal.
Generally, parents are entitled to make treatment decisions on their childrens behalf. The mature minor doctrine, however, allows children who are sufficiently mature to make their own treatment decisions.

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