Hide Alternative Choice from the Child Medical Consent and eSign it in minutes

Aug 6th, 2022
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How to Hide Alternative Choice from 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 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.
A minor may give consent to all medical, mental, dental and other health counseling and services if the minor is living separately from parents or legal guardians and is independent of parental support.
While a child is a minor in most states and for most purposes, that means under the age of 18 parents are responsible for their care, and when it comes to health privacy, the general rule is that parents are entitled to know their minor childs protected health information (PHI).
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.
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.
While a child is a minor in most states and for most purposes, that means under the age of 18 parents are responsible for their care, and when it comes to health privacy, the general rule is that parents are entitled to know their minor childs protected health information (PHI).

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