Mature Minor Case Study

Superior Essays
How much autonomy should a minor have? Should their refusal of life-saving treatment be granted by physicians? These questions arise from the case of Emma Ogden, a twelve year old girl who lived with a congenital heart defect which led to many operations and repeated visits to the hospital. When Dr. Abdul Hamid, the transplant surgeon, told Emma and her parents that her best option would be getting a heart transplant and that even then, her prognosis was grim, she refused. Emma researched her condition and the possible outcomes of heart transplants significantly, and discussed it with her parents. Reluctantly, they came to agree with her as well, because they did not want their daughter to suffer anymore. When they informed the doctor that …show more content…
The regions of the brain that develop the latest in life are those that deal with decision making, rationalization, judgment, etc. This being said, one could argue that minors, no matter how mature they may seem, are not competent to make their decisions because their brain simply cannot handle that extent of rationality and serious thought. Others will go so far as to say that by ignoring the scientific data and maintaining this idea of a Mature Minor’s doctrine, we are endangering our children. (Cherry, 2013, 323-326). Being that the scientific data about the brains later development is true, it is hard to oppose this argument on a basis of science, but it is possible to oppose it on a basis of philosophy and ethics. John Stewart Mill believed that no one should interfere with another’s liberty, and that all people should be given the right to decide what happens to their body. By developing and establishing a formal Mature Minor’s doctrine, one would be complying with Mill’s utilitarianism regarding the subject of autonomy. If mature minors have the right to make their own decisions, no one would be interfering with their liberty, and they would be able to legally make their own decisions for their own bodies. One could also argue that utilitarianism focuses on maximizing pleasure and minimizing pain, but that by withholding treatment and letting Emma pass away, Dr. Hamid would be increasing the pain for her family and friends. Though her family and friends would mourn her death with grief and pain, there would have to be some element of comfort and contentment that they hold knowing that the decision to refuse the transplant, and thus pass away was benefitting her because she was no longer

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

    The brains of adolescents are still maturing and lack decision-making abilities, thought processing and the ability to understand the consequences of their actions.…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Ashley X: the battle of Growth attenuation Ashley X is nine years-old and is severely disabled due to a disorder called static encephalopathy. Because of this disability her brain is affected leaving her to be physically and cognitively impaired. Ashley’s mindset is the same as a 3-6-month-old baby. To treat her disease her parents decided to use a treatment that’s normally used to stimulate the growth of an individual called Growth Attenuation. Along with the growth attenuation, they decided to have a hysterectomy, estrogen therapy, and an appendectomy.…

    • 2084 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Test Item #2: The definition of the word autonomy means to be self-determined or to have free will. Patients, who are competent and are of an appropriate age, all have the ability to be autonomous when it comes to making decisions about their healthcare.…

    • 843 Words
    • 4 Pages
    Improved 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

    Main Body Recent scientific research through functional magnetic resonance imaging has shown significant changes in adolescent brains which last well into adulthood. For example, there is an increase in white matter in the prefrontal cortex in adolescence which can last well into adulthood.(Steinberg) This development is the last to mature and is important for high order cognitive function like planning head, weighing risks, and making complicated decisions.(Steinberg) This shows that adolescence as well as young…

    • 1507 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Parens Patriae Case Study

    • 1238 Words
    • 5 Pages

    This paper will discuss the issue of blood transfusions on children of Jehovah’s Witness’ during emergency procedures where the child will die without the transfusions, yet the parents refuse to allow the transfusion to occur. I will argue that it is the right of the State to judge if the child should get the transfusion and to overstep the parent’s wishes if need be. I will be using information from articles by the Committee on Bioethics, Mark Sheldon, and Ruth Macklin as evidence. Within these articles, I will be using autonomy in terms of parens patriae, omission of treatment and beneficence to conclude that the State can take temporary custody of children in these specific situations when it is a matter of life or death. First, autonomy…

    • 1238 Words
    • 5 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
  • Improved Essays

    Personally, I do highly believe that Adolescents have the right to make autonomous medical choices but this is a highly argumentative subject. I feel as if my parents shouldn’t have to confirm everything about me, for I am my own person by 15 even though they still look at me as their “baby-girl”. Lets face it by 15 i’m not so much of a baby anymore, i’m not completely grown yet but i’m far enough away from the baby stage and am perfectly capable to make my own decisions by now. Parents have the right to make choices for us as children but I don’t feel it’s necessary by the time we hit the “Adolescent” stage in life because by then we have the right mind and knowledge about things to make our own decisions.…

    • 667 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    First off you will need to know what an adolescent is, it a young adult. To make an autonomous medical choice is to make a medical decision yourself without an adult. I believe they do and they don’t. Adolescents under 16 should not be able to make autonomous medical choices.…

    • 545 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    And what they’ve found is that in most people, the prefrontal cortex and its links to other regions of the brain are not fully formed until age 25”(Greenblatt par. 5). This quote shows us that at the age of 18 our brain isn’t fully developed, however at the age of 25 it is fully developed which is when the prefrontal cortex links with other parts of the brain which helps with our decision making. So when we’re 25 we can make better decision or when our brain is fully…

    • 786 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    1.3.1 Case Laws: 1.3.2 The Gillick competence Both at common law and statutory provisions, children have the capacity to perform certain acts and take certain decisions even without the consent of their parents or guardians. The critical question is whether the child has reached the age of maturity and has the capacity to make those decision or actions. Ms Gillick brought a court case against both the Council and the Health Authority about contraception, which she argues was unlawful, on the grounds that it is causing or empowering unlawful sex with children under 16 years, and contravenes s 28(1) of the Sexual Offenses Act 1956, or the offense of being an accomplice to unlawful sex with children under 16, as opposed to s 6(1) of that Act.…

    • 1001 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Juvenile Court Case Study

    • 1656 Words
    • 7 Pages

    Adolescence are in a unique time in their lives. They have characteristics of children and characteristics of adults. So, when evaluating whether or not an adolescent should remain in juvenile court or move to adult court, it can be a very difficult decision. Look at adolescents and crime, we know that adolescents are still developing. They have weaker impulse control and are less likely to think ahead than adults.…

    • 1656 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Minor Consent And Refusal

    • 1315 Words
    • 6 Pages

    This paper attempts to explore the health laws surrounding minor consent and refusal in Canada. Throughout this paper, particular attention will be given to a case AC vs. Manitoba [2009] within the Supreme Court of Canada and Van Mol vs. Ashmore [1999], within the British Columbia Court of Appeal. Many legalities and ethical issues surround this topic and concerns arise when particular decisions are made on behalf of the minor. Canadian federal legislation considers anyone under the age of sixteen a minor. The age of a minor is not the only considering factor to medical consent, but rather capacity to make informed decisions.…

    • 1315 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The ethical dilemma I chose is the case of Cassandra C., a 17-year-old teenager who refused chemotherapy treatment to treat Hodgkin’s lymphoma. The problem that this case produces is a conflict between two ethical principles; respect for autonomy and beneficence. Respect for autonomy is respecting the individual’s rights to say no to a treatment if wanted to do so and beneficence is an ethical principle in which it directs doctors and physicians to strive to maximize the benefits and minimize the harms. When Cassandra declined further treatment, the doctors were confused on how to do their job and how to do it well. Cassandra is still legally a minor, which means that a parent has the right to decide on her behalf.…

    • 1109 Words
    • 5 Pages
    Improved Essays