Should parents make medical decisions for their children?
Parents have the legal responsibility to make medical decisions in the best interests of their minor children who lack decision-making capacity, but they also have the ethical duty to develop that capacity.Dec 26, 2019
Can I refuse treatment for my child?
In heartbreaking situations where a child has a terminal illness where no treatment is beneficial, parents do have a right to refuse treatment and let nature take it's course. When multiple doctors are giving different options of treatment, parents have a right to choose which is best for their child.Jul 25, 2017
What if parents disagree on medical treatment?
If your child's legal custodian refuses a life-saving or life-improving medication, surgery, vaccine, or other medical procedure and you disagree, you can petition the court for intervention.
Can parents refuse life-saving treatment for their child?
The court explained that in a situation where the medical treatment proposed for a child is not life-saving or life-sustaining, a court order is needed to override a parent's refusal to consent to the treatment.Aug 1, 2003
What if parents refuse treatment?
If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child. By law, healthcare professionals only need 1 person with parental responsibility to give consent for them to provide treatment.
What religion doesn't believe doctors?
Today, many religious groups routinely reject some or all mainstream health care on theological grounds, including Christian Scientists, Jehovah's Witnesses, Amish and Scientologists. "Fundamentalists tell us their lives are in the hands of God and we, as physicians, are not God," says Dr.Feb 5, 2009
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 parents disagree with doctors on a child's treatment who should have the final say?
In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody. In these instances, parents typically must come to an agreement regarding medical decisions.Mar 27, 2020
Do both parents have to agree on medication?
Solutions for Medication Disputes
If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions.
If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions.
Can a parent refuse chemo for their child?
Cancer treatment for children almost always requires parental consent. Minor patients (those younger than age 18) are generally presumed incompetent, thus legally incapable of providing consent to their own medical treatment. Therefore, parents must make treatment decisions on their behalf.Jul 25, 2019
Is it neglect to not giving a child medication?
Medical neglect refers to a parent or guardian failing to provide adequate medical care for a dependent or minor child in their care. This can include, but is not limited to: Refusing or denying access to medical care in an emergency. Refusing to support medical expenses for necessary treatment without good cause.Mar 4, 2022
Can parents refuse blood transfusion for child?
In particular, when the patient is a minor, consent must be given by both parents or legal guardian. If parents are not in agreement or refuse the blood transfusion, consent must be requested at the probate judge; taking into account the degree of maturity of the minor, it is advisable to obtain his/ her assent.Apr 5, 2018
in The Matter of The Welfare of The Child of Colleen and Anthony Hauser
Daniel Hauser, 13, was diagnosed with Stage IIB nodular sclerosing Hodgkin disease. Daniel’s parents are strong believers in the holistic benefits of Nemenhah, a Native American healing practice, although they do not hold themselves out as Native Americans. In fact, the Hausers are traditional Catholics. The State of Minn…
in Re Hofbauer
- When Joseph Hofbauer, 7, was diagnosed with Hodgkin disease, his physician recommended radiation and chemotherapy as the appropriate medical treatments. After receiving several opinions from medical doctors, Joseph’s parents decided to take their son to Jamaica where he received nutritional or metabolic therapy, including injections of laetrile. When Joseph and his p…
State of Wisconsin v. Dale and Leilani Neumann
- In what is believed to be the first case in Wisconsin involving faith healing in which one person died and another was charged with homicide, Dale and Leilani Neumann were convicted of homicide after their 11-year old daughter died from untreated diabetes. Wisconsin has a religious exemption to child abuse and neglect laws that allows parents to use religion or faith-based ritu…
Conclusion
- Balancing parents’ rights to raise their children and a state’s right to protect the children in their communities is no easy task, even when most states have religious exemptions to their child abuse or neglect laws. Courts straddle the line when it comes to analyzing cases involving alternative forms of medicine chosen for minors. Courts have rul...