If there is a disagreement over care plans, the doctor may defer to the parent with legal custody. Disagreement over medical treatment can place medical care providers in a difficult situation. They will likely defer to the terms of the custody and visitation order or any court order that pertains to the child’s medical needs.
Can doctors and parents disagree about a child’s medical treatment?
Doctors and parents sometimes disagree about a child’s medical treatment. As the recent case of six-year-old boy Oshin Kiszko highlights, some disagreements between doctors and parents can’t be resolved by further information and discussion. Oshin has brain cancer.
How should clinicians respond to parents who disagree with their recommendations?
Traditionally, clinicians have thought in terms of the child’s best interests when deciding how to respond when parents disagree with their recommendations. Acting in a child’s best interests means doing the thing that will have the best possible outcome for him or her.
What should doctors do when parents refuse treatment for their child?
Doctors should balance the child’s well-being and the parents’ autonomy by accepting choices that may be sub-optimal for the child, as long as they are not harmful. Parents refusing treatment for their child is one type of situation for which doctors seek clinical ethics advice in paediatric hospitals.
When does a parent have authority to make treatment decisions?
These disagreements often occur in cases where the prognosis for the severely ill infant or child is that they will survive, but with a poor quality of life. The presumption is that the parent has authority to make treatment decisions for a child when the child does not have the capacity to do so.
What happens 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.
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.
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.
When can doctors override parents?
If the child's parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the child's life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.
Do parents have the right to make medical decisions?
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.
Is withholding medical treatment abuse?
Some elder abuse (also sometimes referred to as exploitation) involves a deliberate act- for example, developing a scheme to take money from a vulnerable neighbor. Other abuse can take the form of inaction, such as purposely withholding food or medical treatment.
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.
Can a parent demand that you provide their child with treatment and you are uncomfortable with?
Can parents refuse to provide their children with necessary medical treatment on the basis of their beliefs? Parents have legal and moral authority to make health care decisions for their children, as long as those decisions do not pose a significant risk of serious harm to the child's health.
What does joint medical decision-making mean?
Joint legal custody means that both parents can make medical decisions regarding the child's medical care. The custodial parent who is with the child that day makes emergency medical decision. For a non-emergency medical appointment, both parents will consult each other.
Can you overrule doctors decision?
If you disagree with the decision then you should speak to the doctor, as you have the right to be consulted. You might not change her mind, but she should listen to you and explain the reasons for her decision. If you still disagree, then you can request a second opinion.
Can family members make medical decisions?
A legal surrogate. Even when nobody has named you as a health care agent, you may still be asked to make medical decisions for someone else. If you are a family member or possibly a close friend, you may be called upon to make decisions as the default decision-maker.
Can a child refuse life saving treatment?
Treatment refusals: Minors frequently refuse treatment, but where the treatment is life sustaining, the decision may be challenged either on the basis that it is not competent or because, though competent, the law allows the decision to be overruled: Competence: Under 16 year olds are assumed not to be competent.