In the case of Jack Armstrong, a 14-year-old who has testicular cancer which has been metastasized to his liver. Jack refused to undergo proposed surgery, even after knowing that he will probably die within six months without it. Jack’s parents are split on this issue, his father supported him and his decision, but his mother was against it. The questions in this case that needs to be answered are, is Jack mature enough to take a decision, regarding his cancer treatment and whether “mature minor” doctrine comes into play in refusing the medical treatment. There is also the question of child negligence by father as petitioned by the child protective services.
The arguments of the parties are, Jack argues that, he came to this conclusion only …show more content…
Mature minor doctrine is a common law policy or a patient right accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. If the evidence is clear and convincing that the minor is mature enough to appreciate the consequences of her actions, and that the minor is mature enough to exercise the judgment of an adult, then the mature minor doctrine affords her the common law right to consent to or refuse medical treatment [including life and death cases, with some considerations. If we see the Cruzan v. Director, Missouri department of Health case, it argues that competent person has a constitutionally protected liberty interest in refusing medical treatment under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. But incompetent persons do not enjoy the same rights, because they cannot make voluntary and informed decisions. Another legal issue that needs to be answered is that by supporting Jack his father is risking the life of the child. According to the American Academy of Pediatrics and the International Society of Pediatric Oncology physicians are obliged to seek legal counsel when parental refusal places a child at clear and substantial risk. Current laws provide parents with wide discretionary authority in raising their children.10 These laws, however, are balanced with child abuse and neglect laws to ensure that a parent's decision regarding treatment is in the best interest of the child. In addition to these legal aspects, ethical issues are intimately woven within the context of each clinical
The arguments of the parties are, Jack argues that, he came to this conclusion only …show more content…
Mature minor doctrine is a common law policy or a patient right accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. If the evidence is clear and convincing that the minor is mature enough to appreciate the consequences of her actions, and that the minor is mature enough to exercise the judgment of an adult, then the mature minor doctrine affords her the common law right to consent to or refuse medical treatment [including life and death cases, with some considerations. If we see the Cruzan v. Director, Missouri department of Health case, it argues that competent person has a constitutionally protected liberty interest in refusing medical treatment under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. But incompetent persons do not enjoy the same rights, because they cannot make voluntary and informed decisions. Another legal issue that needs to be answered is that by supporting Jack his father is risking the life of the child. According to the American Academy of Pediatrics and the International Society of Pediatric Oncology physicians are obliged to seek legal counsel when parental refusal places a child at clear and substantial risk. Current laws provide parents with wide discretionary authority in raising their children.10 These laws, however, are balanced with child abuse and neglect laws to ensure that a parent's decision regarding treatment is in the best interest of the child. In addition to these legal aspects, ethical issues are intimately woven within the context of each clinical