Informed consent in children and adolescents: REFUSAL OF CONSENT OR INCAPACITY (part 2)


Some writers believe this right of refusal is a logical corollary to the right of informed consent:
Where there is capacity and a right to consent to treatment, one must presume that there is a corresponding capacity and right to refuse … it is likely that any court would rule that a minor has the right to refuse any treatment to which he has a right to consent.
With respect to minors who are incapable of giving informed consent, such consent must be obtained from the parent(s). Sharpe explains:
… it appears to be settled law that parents and guardians have the power to consent to medical treatment on behalf of a minor incapable of understanding the nature and consequences of the treatment. Parents and guardians are, of course, presumed to be acting in the best interests of the minor. Where a physician is of the view that the parent or guardian, in refusing to authorize a procedure, is thereby endangering the life or health of the minor, he or she should not feel bound by such a refusal. Rather, the doctor would be well advised to inform the local Children’s Aid Society (where the minor is younger than 16 years) of the situation. The Society or a public official responsible for the legal welfare of children may apply for a judicial determination of whether the child is to be given treatment according to the doctor’s recommendation. Best quality drugs approved by the FDA offered by a fully licensed pharmacy: you finally have a chance to buy macrobid online on very advantageous terms without having to worry about any of the aspects that usually prevent you from enjoying the treatment.

This entry was posted in Children and adolescents and tagged Capacity to consent, Common law, Informed consent, Minors.