Replace Value Choice into the Child Medical Consent

Aug 6th, 2022
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How to Replace Value 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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Although your healthcare provider cant tell your parents about confidential services you receive, your insurance may not have the same policy. When discussing confidentiality with your health provider, ask if the services or tests you receive will show up on your parents insurance statement.
The following are the required elements for documentation of the informed consent discussion: (1) the nature of the procedure, (2) the risks and benefits and the procedure, (3) reasonable alternatives, (4) risks and benefits of alternatives, and (5) assessment of the patients understanding of elements 1 through 4.
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.
Doctors are not permitted to perform surgeries against the wishes of their patients, even if the patient is incapacitated at the time of the procedure (provided that the patient previously made their wishes known, such as through a living will).
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: Your doctor will keep the details of what you talk about private, or confidential. The only times when your doctor cannot honor your privacy is when someone is hurting you or you are going to hurt yourself or someone else.
Providers should administer only those treatments necessary to prevent harm to the child until parental permission can be obtained. Examining a child who presents to medical attention is always appropriate in order to establish whether a threat of life or health exists.
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.

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