How much autonomy should a minor be given, and should their refusal of life-saving treatment be granted by physicians? This is the question that arises from the case of Emma Ogden, a twelve year old girl who has been living with a congenital heart defect that has led to many operations and repeated trips to the hospital. When Dr. Hamid, the transplant surgeon, told her and her parents that her best bet would be getting a heart transplant, and that even with that, her prognosis was grim, she refused. She had done significant research on her condition and the possible outcomes of heart transplants, talked to her parents about it, and reluctantly, they came to agree with her as well, because they did not want their daughter to suffer anymore.
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Charleston Area Medical Center, a minor named Larry Belcher had muscular dystrophy and suffered a respiratory arrest. His doctor wrote a DNR for Larry without consulting him first because his parents had told him not to resituate him unless he had requested it himself. When Larry had another episode, he was not resituated and he died. His parents sued the hospital because they claimed that there was a lack of informed consent. This case is important because it made it put into play the Mature Minor Doctrine, and held the physician accountable for not consulting a minor’s consent before giving or denying treatment. The following was relied on during this case as a way to judge a minor’s capacity to consent to medical treatment, “’…depends upon the age, ability, experience, education, training, and degree of maturity or judgment obtained by the minor, as well as upon the conduct and demeanor of the minor at the time of the incident involved”’ (Derish and Heuvel, 2000, 117). If a minor meets this entire criterion, such as with Emma, he or she should be able to consent to their own medical …show more content…
In an article from The Journal of Law, Medicine, and Ethics, many works were briefly mentioned which expressed their different author’s opinion regarding when a minor is mature enough to make their own medical choices. The most detailed opinion is from “A Proposal Concerning Decisions to Forgo Life Sustaining Treatment for Young People” as follows,
“‘if a minor has experienced an illness for some time, understands it and the benefits and burdens of its treatment, has the ability to reason about it, has previously been involved in decision making about it, and has a comprehension of death that recognizes its personal significant and finality, then that person, irrespective of age, is competent to consent…’” (Derish and Heuvel, 2000, 113).
Emma fits this specific set of criterion, and thus she should be given the right to refuse treatment is she so chooses. A Utilitarian would agree with this statement, as she should be permitted to choose what is to be done to her own body and refuse treatment if she so
Charleston Area Medical Center, a minor named Larry Belcher had muscular dystrophy and suffered a respiratory arrest. His doctor wrote a DNR for Larry without consulting him first because his parents had told him not to resituate him unless he had requested it himself. When Larry had another episode, he was not resituated and he died. His parents sued the hospital because they claimed that there was a lack of informed consent. This case is important because it made it put into play the Mature Minor Doctrine, and held the physician accountable for not consulting a minor’s consent before giving or denying treatment. The following was relied on during this case as a way to judge a minor’s capacity to consent to medical treatment, “’…depends upon the age, ability, experience, education, training, and degree of maturity or judgment obtained by the minor, as well as upon the conduct and demeanor of the minor at the time of the incident involved”’ (Derish and Heuvel, 2000, 117). If a minor meets this entire criterion, such as with Emma, he or she should be able to consent to their own medical …show more content…
In an article from The Journal of Law, Medicine, and Ethics, many works were briefly mentioned which expressed their different author’s opinion regarding when a minor is mature enough to make their own medical choices. The most detailed opinion is from “A Proposal Concerning Decisions to Forgo Life Sustaining Treatment for Young People” as follows,
“‘if a minor has experienced an illness for some time, understands it and the benefits and burdens of its treatment, has the ability to reason about it, has previously been involved in decision making about it, and has a comprehension of death that recognizes its personal significant and finality, then that person, irrespective of age, is competent to consent…’” (Derish and Heuvel, 2000, 113).
Emma fits this specific set of criterion, and thus she should be given the right to refuse treatment is she so chooses. A Utilitarian would agree with this statement, as she should be permitted to choose what is to be done to her own body and refuse treatment if she so