When attempting to declare a given medical treatment decision inappropriate, the state has a high burden of proof because of the great value placed on autonomous parental decision making. The court must weigh the rights of a parent against the interests of the child.
Full Answer
Who should make medical treatment decisions in children?
Medical treatment decision-making in children is complex and should involve parents, healthcare professionals (HCPs) and, where appropriate, children.
Do parents have a right to decide about medical treatment?
Some might suggest that parents have a right to decide about treatment because it is their childand their family. But the autonomy of parents is very obviously different from the autonomy of patients to make decisions for themselves.
Do parents have to know if their child is in treatment?
Those states that require parents to be notified that their adolescent has consented for treatment recognize the parent’s right to know what is happening with their minor child. Although these states include parents, the minor’s confidentiality in the treatment process is protected.
Can a parent refuse to make medical decisions?
A parent who refuses care based on an objection to treatment, whatever the basis, is just as likely to have the state intervene to make medical decisions as a parent who is not physically able to provide care or not mentally capable of making decisions.
Can a parent refuse to consent to a lifesaving procedure for their child?
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.
When parents refuse treatment for their child?
State intervention on a medical decision for a minor may go further than just health care. When parents refuse necessary or life-saving care for their child, they could face serious legal consequences as well. States often refer to this as medical neglect and have laws against it.
Can doctors override parents?
That is, because of the existence of an emergency, treatment is legally permissible, and the court does not need to adjudicate the best interest of the child in approving the physician's decision to override a parental refusal for treatment.
What if parents disagree on medical treatment?
Legal Options When Parents Disagree on Medical Decisions If there is shared decision-making regarding medical issues and both parents cannot come to an agreement, the court will examine the facts both parties put forth and determine what is in the best interest of the child.
Is withholding medical treatment abuse?
Most nursing homes take excellent care of their residents. Unfortunately, however, some are the site of abusive behavior and neglect. This can range from physical abuse to lesser-known forms of mistreatment such as withholding medicine from residents.
Should parents be allowed to refuse medical treatment for their children?
Generally, a Minor is capable of independently consenting to or refusing their medical treatment when they achieve a sufficient level of understanding and intelligence to enable them to understand fully what is proposed. This means that there is no set age at which a child or young person is capable of giving consent.
Who is responsible for treatment?
Background: Traditionally doctors have been responsible for choices of treatment, both in terms of deciding and in terms of taking responsibility for the decisions. But modern health care work often takes place in teams involving health care professionals from different professions as well as the patient.
Under what circumstances can parental consent be overridden?
A person with parental responsibility must have the capacity to give consent. 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.
Can parents refuse medical treatment for their child for religious reasons?
“The U.S. values religious freedom to the point where states are willing to grant parents the right to refuse even life-saving medical treatments for their children if the parents can show that there's a religious tenet that would be violated by administering the treatment,” said Efthimios Parasidis, JD, a professor of ...
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.
What is poor co parenting?
Bad-mouthing the other parent in front of your child or in their hearing. Directing negative non-verbal communication at the other parent in front of your child. Exposing your child to conflict between you and their other parent, whether in-person or on the phone.
When can doctors override patients?
Surrogates may demand to override a medically appropriate DNR issued with the consent of a patient who is dying. “The treatment team should be skeptical about a surrogate's thinly supported assertion that the patient changed his or her mind, or never meant the DNR to apply under the circumstances,” Swidler offers.