Replace Comments to the Child Medical Consent

Aug 6th, 2022
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How to Replace Comments to 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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There are three types of patient consent you should know about for legal purposes: oral, written and implied consent.
If an adult lacks the capacity to give consent, a decision about whether to go ahead with the treatment will need to be made by the healthcare professionals treating them. To make a decision, the persons best interests must be considered.
(kun-SENT PRAH-ses) A process in which patients are given important information, including possible risks and benefits, about a medical procedure or treatment, genetic testing, or a clinical trial. This is to help them decide if they want to be treated, tested, or take part in the trial.
The informed consent process involves three key features: (1) disclosing to potential research subjects information needed to make an informed decision; (2) facilitating the understanding of what has been disclosed; and (3) promoting the voluntariness of the decision about whether or not to participate in the research.
A child who has such an understanding is considered to be Gillick competent. Children 12 and under - there is no lower age limit for Gillick competence or Fraser guidelines to be applied. It would rarely be appropriate or safe for a child to consent to advice/intervention/treatment without parental consent.
The consent form must include: A statement that the study involves research. Purpose of the research. Procedures. Risks or discomforts to the subject. Benefits of the research to the subject. Treatment Alternatives. Costs of Participation. Confidentiality.
Children under the age of 16 can consent to their own treatment if theyre believed to have enough intelligence, competence and understanding to fully appreciate whats involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.
Valid informed consent for research must include three major elements: (1) disclosure of information, (2) competency of the patient (or surrogate) to make a decision, and (3) voluntary nature of the decision.

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