Medical Decision-Making on Behalf of Young Children

Medical Decision-Making on Behalf of Young Children
Author: Imogen Goold
Publisher: Bloomsbury Publishing
Total Pages: 414
Release: 2020-09-17
Genre: Law
ISBN: 1509928588

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In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.

Medical Decision-making on Behalf of Young Children

Medical Decision-making on Behalf of Young Children
Author: Imogen Goold
Publisher:
Total Pages:
Release: 2020
Genre: Child health services
ISBN: 9781509928590

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"In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal, and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area"--

Critically Ill Children and the Law

Critically Ill Children and the Law
Author: James Cameron
Publisher: Taylor & Francis
Total Pages: 250
Release: 2023-12-12
Genre: Law
ISBN: 1003826776

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A series of recent high-profile court cases has demonstrated the inadequacy of current laws in addressing issues relating to medical treatment decisions involving seriously ill children. The challenges of determining that life-sustaining medical treatment is not in a young child’s best interests have resulted in criticism of the best interests principle. This book explores the theoretical foundations of the best interests principle, and alternatives offered in the academic literature, to allow readers to understand why the principle remains contentious despite its prevalence. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach to address these challenges. Frameworks for decision-making identified in the academic literature are used to examine the application of the best interests principle in practice in England and Wales, Australia, and New Zealand through a review of the case law and qualitative research with paediatric doctors. The exploration of current practice allows readers to understand the challenges of applying the best interests principle, but also the need to retain a focus on the child. Readers are introduced to a human-rights based approach, which ensures that the focus remains on upholding the child’s best interests but also provides a more comprehensive explanation of the situation. Progressing the debate around end-of-life decision-making and children, the book will be a valuable resource for academics, researchers and policy-makers. It will also provide practical guidance to both legal and medical practitioners in managing disputes about the provision of life-sustaining treatment.

Fortin's Children's Rights and the Developing Law

Fortin's Children's Rights and the Developing Law
Author: Rachel E. Taylor
Publisher: Cambridge University Press
Total Pages: 793
Release: 2024-02-29
Genre: Law
ISBN: 110867674X

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The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.

Whose Body? Whose Soul? Medical Decision-Making on Behalf of Children and the Free Exercise Clause Before and After Employment Division V. Smith

Whose Body? Whose Soul? Medical Decision-Making on Behalf of Children and the Free Exercise Clause Before and After Employment Division V. Smith
Author: B. Jessie Hill
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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Within constitutional law, children's rights have suffered from severe neglect. The issue of parents' constitutional rights to deny children medical treatment based on religious belief is one area in desperate need of attention. Although the Supreme Court's 1990 decision in Employment Division v. Smith seemingly set forth a relatively clear rule regarding the availability of exemptions from generally applicable laws - such as those requiring parents to ensure that their children receive appropriate medical care - Smith has changed little in this realm, and if anything, it has only confused matters, highlighting the intractable nature of the issue. While Smith emphasized the police power of the state over the individual's religious motivations and revived the belief/conduct distinction, it also introduced the needlessly confusing concept of “hybrid rights,” which may encompass parental rights to control their children. This brief Essay argues that the Free Exercise Clause is in fact irrelevant to the issue of parents' rights to make medical decisions for their children and that courts should begin to recognize this irrelevance. The cases involving such claims revolve almost entirely around issues that are largely unrelated to the parents' religious exercise; in addition, it is unclear that they involve the sort of governmental coercion that is required in order to state a free exercise claim. This Essay concludes by exploring the possible implications of recognizing the irrelevance of parental free exercise in medical decision-making cases.

Families and New Media

Families and New Media
Author: Nina Dethloff
Publisher: Springer Nature
Total Pages: 277
Release: 2023-03-01
Genre: Law
ISBN: 3658396644

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The open access edited volume addresses children’s rights and their ability to act in the digital world. The focus is on the position of children as subjects with their own rights and developing capacities. Their consideration by parents, courts and legislators is critically examined. Aspects of digital parenting, especially educational practices and strategies in the context of social media, are analyzed with regard to the tension between protection and participation of children. The edited volume brings debates on privacy and data protection together with those from tort, family and intellectual property law, while also examining the role of families and children in the regulation of data and digital economies, especially online platforms. Legal reflections from Germany, Israel, Portugal and the United States of America are complemented by perspectives from media studies, political science, educational science and sociology of law.

Readings in Health Care Ethics - Second Edition

Readings in Health Care Ethics - Second Edition
Author: Elisabeth (Boetzkes) Gedge
Publisher: Broadview Press
Total Pages: 675
Release: 2012-03-14
Genre: Philosophy
ISBN: 1554810388

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Readings in Health Care Ethics provides a wide-ranging selection of important and engaging contributions to the field of health care ethics. The second edition adds a chapter on health care in Canada, and the introduction has been expanded to include discussion of a new direction in feminist naturalized ethics. The book presupposes no prior knowledge, only an interest in the bioethical issues that are shaping our world.

Medical Treatment of Children and the Law

Medical Treatment of Children and the Law
Author: Jo Bridgeman
Publisher: Routledge
Total Pages: 164
Release: 2020-11-19
Genre: Law
ISBN: 0429534833

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The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.

Ethics, Conflict and Medical Treatment for Children E-Book

Ethics, Conflict and Medical Treatment for Children E-Book
Author: Dominic Wilkinson
Publisher: Elsevier Health Sciences
Total Pages: 192
Release: 2018-08-05
Genre: Medical
ISBN: 0702077828

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What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents’ wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new ‘dissensus’ framework for future cases of disagreement. This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people.

Brain Tumors in Children

Brain Tumors in Children
Author: Amar Gajjar
Publisher: Springer
Total Pages: 426
Release: 2018-09-29
Genre: Medical
ISBN: 3319432052

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This book is a comprehensive and up-to-date compendium of all aspects of brain tumors in children. After introductory chapters on the epidemiology of brain tumors, the book will provide readers with state-of-the art chapters on the principals of radiation therapy, neurosurgery and neuroimaging. Subsequent chapters discuss the biology and treatment of specific types of brain tumors. The concluding chapters present critical information relevant to survivorship, neurocognitive and other late effects, and the global challenges to better diagnosis and treatment of brain tumors in children. This book is co-authored by experts in the treatment of pediatric brain tumors. All of the authors are internationally recognized authorities and they offer an evidence-based consensus on the biology and treatment of brain tumors. This handbook has far-reaching applicability to the clinical diagnosis and management of brain tumors in children and will prove valuable to specialists, generalists and trainees alike.