Alternative Medical Treatments: A Legal Case Study

Great Essays
Imagine a scenario where a single parent has the right to make a decision for their child whether they receive a life-saving treatment or not. The parent is deemed competent and seems to understand the situation. The parent decides to refuse the treatment for their child and a physician has to decide whether to grant the refusal or reject it. I believe, based on the required reading on consent, that the philosophers Allen Buchanan and Dan W. Brock would need additional information on the scenario, such as whether there are alternative treatment options. I would agree with their view because if there is more than one treatment that will satisfy the illness, the parent should be allowed to choose any of them. I would also need to examine the …show more content…
I agree with the philosophers Buchanan and Brock that the person making the decision to go with a specific treatment should not be deemed incompetent just because they do not want the physician’s recommended treatment when there are other reasonable options (Buchanan et al. 1986, 36-38). In this scenario, the parent does not want their child to receive a specific treatment that the doctor wants to administer. It does not mention if there are other treatments that will work just as well and whether they are low or high risk. If there are indeed other medically sound treatments, then I believe that the parent has the right to choose one of the others over the one the doctor recommends. If there are no other treatments and the child will not survive without treatment, then I would look at other factors to determine why the parent would object to it and whether I believe that their decision is reasonable based on those factors. If there is no reasonable explanation of why they are refusing, then ethically I would have to override the parent’s refusal and find a way to administer the treatment to the child. Next we will look over is whether the child should be deemed competent to make their own …show more content…
I would want to make a competency determination of the child based on mental maturity being more important than physical maturity. The reason I believe the philosophers would not want to examine this is because they stated that, “Understanding also requires the ability to appreciate the nature and meaning of potential alternatives-what it would be and ‘feel’ like to be in possible future states and to undergo various experiences. In young children this is often prevented by the lack of sufficient life experience” (Buchanan et al. 1986, 25). The philosophers seem to believe that if someone is considered a child by the law, then they are not competent to make crucial medical decisions (Buchanan et al. 1986, 25). I however think that child competence should not be determined based on an age threshold, but rather with the same mental evaluation adults go through, because I believe that everyone mentally matures at a different rate depending on life experiences. Just because a child has not lived for many years, does not mean that they have not experienced essential life events that will help them decide what they want in a medical issue. It does not seem ethical to me, to allow the parent to decide that their child is not getting the life-saving treatment they need, if the child is competent and wants the treatment. That is essentially letting the parent “play

Related Documents

  • Improved Essays

    5.07 Case 18

    • 530 Words
    • 3 Pages

    Have you ever met a person who didn’t have any parents or guardians ? Did you ever think about what might happen if something bad were to happen to them and they needed medical treatment?. You probably didn’t but that’s fine it’s not your job to worry about but this is a situation that could possibly happen so if it did what would they do?…

    • 530 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    This short case study has a significant range of legal and ethical principles which contribute to the outcome of the outcome if Marion will continue or abandon treatment. The team who is treating Marion must refer to the Advance Care Directive and ensure they follow this carefully to ensure Marion’s best wishes. This is because an Advance Care Directive is a legal form for adults over the age of 18, in scenarios in which a person has impaired decision-making capacity, the Advance Care Directive will have instructions, vales and wishes for future health care. (http://www.sahealth.sa.gov.au/wps/wcm/connect/045059804459d8048921ab76d172935c/ACD+Fact+Sheet+PC+20140613.pdf?MOD=AJPERES&CACHEID=045059804459d8048921ab76d172935c) Marion’s parents state…

    • 894 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Re Baby B No 2 Summary

    • 2500 Words
    • 10 Pages

    In these circumstances, the Family Court or the Supreme Court acting in parens patriae jurisdiction may make orders in relation to the best interest of the child. These types of treatments are call “non-therapeutic” and the case law is well established in this area. Before the decision in Re Baby D ( No 2) , the judgment in Marion’s Case was a landmark decision which addressed parental consent to medical procedures for non-therapeutic benefits.…

    • 2500 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    NHS Consent Case Study

    • 343 Words
    • 2 Pages

    Defining what consent is, according to NHS choices (2010) ‘Consent is the proposition that an individual must grant their authorisation based on preliminary clarification by a clinician before they receive any type of medical treatment or examination’. The rule of consent is a significant part of medical ethics and the international human rights law. This can be given in two ways verbally or in writing. For consent to be valid, it must be voluntary and informed, and the adult consenting must have the capacity to make the decision.…

    • 343 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Palomar Health Case Study

    • 295 Words
    • 2 Pages

    In these cases I believe it is best to distract the patient or consider their desires and come up with a compromise that follows the specific course of treatment.…

    • 295 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    A person’s autonomy is a privilege that is earned through the knowledge gained through life experiences. For children, the right to decide is withdrawn because the parent’s are thought to know what is best in the circumstances concerning their children. The ability to understand and comprehend the severity of illness or the consequences of decisions is lacking in adolescents. They are deemed incapable of making informed decisions thus incompetent; therefore, the parents are given the authority to provide or deny consent on behalf of their children. Similarly, elderly who are experiencing deteriorating illnesses may have an altered competence due to being in denial or having fear of the outcome.…

    • 815 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Child Ethical Dilemmas

    • 1164 Words
    • 5 Pages

    What is the ethical dilemma here? The ethical dilemma here is the mother’s religious beliefs versus medical beliefs. A child’s life is currently in danger and requires immediate medical treatments; however, the child may not be treated due to religious beliefs of the mother. The mother is a religious scientist, who does not accept any medical treatments.…

    • 1164 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Whether a child is looked after or in care those with parental responsibility still have the right to make health care decisions. All decisions need to be made, or tried, in consultation with parents/child. If, as a social worker, you feel the parents decision is detrimental to the child then you can apply to the court for a power to arrange medical treatment.…

    • 499 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The article called ‘Involving Children in Medical Decisions’ written by author Kenny Harrison purposes an argument that children should be allowed to have a say in their medical care decisions. The point of Harrisons article is that children should be allowed to be part of the decision-making process when it comes to their own health. He discusses that the family-centered is the best approach as it considers everyone’s decisions, concerns and questions while making sure the child the priority. Harrison discusses that the assumption ‘parents know what is best for their child’ is used in other decision making situations, in medical care, Harrison explains that when parents are in a state of distress they often dismiss their child concerns/wishes. He discusses that the child is the only person who truly knows the pain, and suffering they are going through, and with allowing the child to have a say in medical decisions, the child can decide based on their level of pain experience.…

    • 704 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Topic sentence 1: A mentally impaired patient may still able to make decision for his or her healthcare. A mentally-ill patient can still refuse lifesaving treatment even if he or she is known as “mentally ill”. The term itself does not mean that the person is automatically derived from their capacity and rights. It is still very much depend on the patient’s degree of mental impairment. Due to that, all patients must be assessed for their capacity to give consent and must be given opportunity to receive adequate and effective information in helping them to understand the consent regarding such treatment.…

    • 309 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    This is decision to override the patient’s wishes is consistent with Dworkin’s thoughts that paternalism is only justified to preserve a wider range of autonomy in the person (p.??). In this case,…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Consent divides in three categories • Voluntary consent for treatment is solely based on individual decision, this must not being influence by anyone involved in individual life. • Informed individual has being given all the relevant information about treatment, the benefits and the risks and consequences if treatment is refused. • Capacity individual must…

    • 477 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Nevertheless, although the patient was agreeable to treatment the patient’s family disagreed with the prescribed recommendation, which hindered the intervention process. After extensively explaining our position for…

    • 243 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    The interests of the nurse in this case should involve both the child and the family. The nurse can not only bank on the child’s decision lest he or she lands in trouble with the law. The parents should be informed if they are not present. If the nurse had ignored the oncology patient wishes, Health, Portability and accountability act would have been violated. Nurses should be keenly decisive in this modern world as lots of agencies govern healthcare today.…

    • 1814 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    The Children’s Act was about a woman named Fiona Maye who is a court judge working in family law located in London, England. Fiona and her husband Jack are going through rough patch in their marriage. Fiona is informed that there is an emergency case. A Jehovah’s Witness, named Adam Henry who is seventeen-year old currently dying from cancer due to the fact that he is refusing a blood transfusion because of his religious beliefs. The hospital decided to ask the court to go against his wishes, along with his family’s to go ahead with the blood transfusion.…

    • 2025 Words
    • 9 Pages
    Improved Essays