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Aug 6th, 2022
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How to Type 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 is no stipulated age of consent for treatment. Every person (including minors) capable (i.e., able to understand relevant information and reasonably foresee consequences) may give or refuse consent to treatment. Every person over the age of 16 years who is capable may make a health care directive.
There is no general age of consent to treatment or counselling; instead, the issue depends on whether the young person is capable of consenting. A young person will be found to have capacity to consent or to refuse consent if they both: Understand the information relevant to the proposed treatment in issue, and.
For example, lets say you want to take your students on a field trip. While they may be excited about the trip, you just cant take the childrens word for it. This means that you must make sure their parents formally agree to their childrens participation in this activity.
In Ontario, there is no age of consent to medical treatment. Your childs right to make their own treatment decisions is based on their mental capacity. This means whether your child can understand all the information about the treatment and the risks associated with the decision.
Children 14 to 17 years old (but under 18) can make decisions on their own about care necessary for their health. This agreement is legally called consent. Note that abortion is usually considered care necessary for a persons health.
This includes the right to consent to or refuse lifesaving medical treatment. In determining any challenges to the presumption of capacity to make these decisions, the courts look to age, maturity, intellect, life experience and the psychiatric, psychological and emotional state of the minor.
The Medical Consent of Minors Act provides that minors who are 16 years old may consent to medical treatment in the same manner as they would having attained the age of majority.
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.

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