by Leanne Heathcote III
Published 2 years ago
Updated 2 years ago
If a child’s parents refuse to consent to treatment and the health practitioner (s) who proposed it thinks the parents are not complying with the applicable laws around decision-making, the practitioner may apply to a legal tribunal called the Consent and Capacity Board for a determination as to whether the parents complied with their legal obligations as the child’s substitute decision-makers.
Can a parent refuse medical treatment for their child?
Aug 09, 2017 · Factors to consider when facing treatment refusals include whether ongoing medical care is needed for a chronic illness vs. providing a one-time treatment; the child’s age and maturity; whether the parents and child agree; likelihood of cure with treatment; likelihood of an adverse event with or without treatment; and reason for refusal, explained Dr. Friedman Ross.
Can parents refuse antibiotics for children?
Children and refusal of medical treatment: in urgent need of reform The ability of children to refuse medical treatment is far from certain. The New South Wales Law Reform Commission report on this topic, released in 2008, addressed a number of key concerns. As yet, no action on that report has been taken.
What happens if a child does not consent to treatment?
Illinois allows a mature minor to refuse medical treat-ment, unless that decision threatens the child’s health or welfare; Virginia (the only state to address this issue though legislation) permits a minor 14 years or older to refuse, with parental acquiescence, medical treatment, even when the minor suffers from a life threatening disease.
Can a 16 year old refuse treatment for leukemia?
As an example, in February 2017, a couple in Michigan refused medical treatment for their jaundiced newborn baby, Abigail. A midwife had visited and told the parents that the baby needed urgent treatment. However, Abigail’s parents believed that she would be healed by prayer.
What is it called when someone refuses medical treatment?
Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.
What if a patient refuses medically necessary treatment?
Competent patients have a right to refuse treatment. This concept is supported not only by the ethical principle of autonomy but also by U.S. statutes, regulations and case law. Competent adults can refuse care even if the care would likely save or prolong the patient's life.Jul 5, 2017
Who refuses medical treatment?
Every competent adult has the right to refuse unwanted medical treatment. This is part of the right of every individual to choose what will be done to their own body, and it applies even when refusing treatment means that the person may die.
Should parents be allowed to refuse medical treatment?
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.
What are a few examples of when a patient can refuse treatment?
1 Accordingly, the patient may refuse to be informed about their medical condition and make a decision. An example would be the statement, “I don't want to hear anything from you.I'm not going to the hospital.” They may be informed and then refuse to make a decision. “Wow, that sounds bad either way.Mar 25, 2015
Can a doctor refuse treatment?
When Can Doctors Refuse to Treat? According to Stat News, physicians can ethically refuse to treat patients who are abusive, when such treatment falls outside their scope of practice, and when a patient's care comes into conflict with the physician's duties.Sep 8, 2021
Can doctors force you to take medicine?
For the most part, adults can decline medical treatment. Doctors and medical professionals require informed consent from patients before any treatment, and without that consent, they are prohibited from forcibly administering medical care.Jun 19, 2018
Should doctors be allowed to refuse treatment?
A consensus exists among legal and bioethics experts that doctors can refuse to provide treatment in certain situations. For example, courts have ruled that doctors may refuse to treat violent or intransigent patients as long as they give proper notice so that those patients can find alternative care.May 13, 2019
Why do parents refuse medical treatment for their child?
For example: If a child has a terminal condition and several doctors agree that treatment is no longer beneficial for the child, then the parents have the right to refuse treatment and seek hospice care for their child.Jan 29, 2021
When can a parent parents refuse medical treatment for a child?
The age of majority is 18 years. There is no stipulated age of consent for treatment. A patient under 18 years of age is presumed to be without capacity but may also be assessed and determined to be a 'mature minor' and able to give consent to or refuse treatment.Apr 12, 2018
Can a doctor override a parent?
However, there are situations where doctors can disagree with a parent's decision if a child is in a severe medical dilemma. The parens patriae doctrine gives the state the right to intervene with a parent's decision when it's believed they are not acting in the best interest for the child's well-being.Jul 25, 2017
