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The Best Interests of the Child in Healthcare

Author: Sarah Elliston

Publisher: Routledge

Published: 2007-11-06

Total Pages: 565

ISBN-13: 1135427992

Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.

The Best Interests of the Child in Healthcare

Author: Sarah Elliston

Publisher: Routledge

Published: 2007-11-06

Total Pages: 325

ISBN-13: 113542800X

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Setting the scene -- Best interests and consent -- Refusal of consent -- Withholding and withdrawing treatment from infants and young children -- Medical research and innovative treatment -- Best interests between children : donation of tissues and organs and conjoined twins.

Ethics, Conflict and Medical Treatment for Children E-Book

Author: Dominic Wilkinson

Publisher: Elsevier Health Sciences

Published: 2018-08-05

Total Pages: 192

ISBN-13: 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.

Parental Responsibility, Young Children and Healthcare Law

Author: Jo Bridgeman

Publisher: Cambridge University Press

Published: 2007-04-19

Total Pages: 19

ISBN-13: 1139462687

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This book provides a comprehensive examination of the legal regulation of the provision of healthcare to young children in England and Wales. A critical analysis is given on the law governing the provision of healthcare to young and dependent children identifying an understanding of the child as vulnerable and in need of protection, including from his or her own parents. The argument is made for a conceptual framework of relational responsibilities which would ensure that consideration is given to the needs of the child as an individual, to the experiences of parents gained as they care for their child and that the wider context, such as attitudes towards disability, public health issues or the support and resources available, is examined. This book makes an important contribution to understanding the law regulating the provision of healthcare to young and dependent children and to the development of a discourse of responsibility.

Parental Rights, Best Interests and Significant Harms

Author: Imogen Goold

Publisher: Bloomsbury Publishing

Published: 2019-11-28

Total Pages: 251

ISBN-13: 1509924892

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"The question of whether and how decisions are made in respect of a child's medical treatment has become a matter of significant public controversy following the highly publicised cases of Charlie Gard (Great Ormond Street Hospital v Yates [2017]) and Alfie Evans (Alder Hey Children's NHS Foundation Trust v Evans et al [2018]). In light of this background, this timely collection brings together commentators from law, medical ethics and clinical medicine, 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 particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it is appropriate to adopt the 'risk of significant harm' approach proposed in Yates. Moreover, it explores the respective roles of parents, doctors and the courts and the possible risks of inappropriate state intrusion in parental decision-making, and how we might address them"--

The Best Interests of the Child

Author: Eileen McPartland

Publisher: Gill & MacMillan

Published: 2013-09-06

Total Pages: 160

ISBN-13: 9780717157198

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This updated edition consolidates all child-centred legislation, from the UN Convention on the Rights of the Child through to the Referendum on Children's Rights 2012, in an easy-to-understand format.

Medical Treatment of Children and the Law

Author: Jo Bridgeman

Publisher: Routledge

Published: 2020-11-19

Total Pages: 248

ISBN-13: 0429521367

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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.

Medical Decision-Making on Behalf of Young Children

Author: Imogen Goold

Publisher: Bloomsbury Publishing

Published: 2020-09-17

Total Pages: 414

ISBN-13: 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.

Ethics in Child Health

Author: Michael D. Shields

Publisher: Cambridge Scholars Publishing

Published: 2020-04

Total Pages: 110

ISBN-13: 9781527545748

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Should every child be vaccinated before being allowed to go to school? Should children be allowed to refuse medical treatment even if it might save their life? Does the fetus or unborn child have any rights? Is it acceptable for a childâ (TM)s family to demand an expensive treatment despite uncertain benefits? If you are a healthcare professional involved in the care of children, how would you even begin to approach these dilemmas? This book provides a unique resource; it is a concise, practical case-based interactive workbook which will help the reader critically think about, and approach, ethical problems in child health. Its key features include an introduction to medical ethics in child health; a method to approach clinical ethical dilemmas; interactive case studies; and thought-provoking discussions. It will be particularly helpful for undergraduate medical and nursing students, post-graduate paediatric trainees, paediatric nurses and allied health professionals.

Ethical Conduct of Clinical Research Involving Children

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2004-07-09

Total Pages: 445

ISBN-13: 0309133386

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In recent decades, advances in biomedical research have helped save or lengthen the lives of children around the world. With improved therapies, child and adolescent mortality rates have decreased significantly in the last half century. Despite these advances, pediatricians and others argue that children have not shared equally with adults in biomedical advances. Even though we want children to benefit from the dramatic and accelerating rate of progress in medical care that has been fueled by scientific research, we do not want to place children at risk of being harmed by participating in clinical studies. Ethical Conduct of Clinical Research Involving Children considers the necessities and challenges of this type of research and reviews the ethical and legal standards for conducting it. It also considers problems with the interpretation and application of these standards and conduct, concluding that while children should not be excluded from potentially beneficial clinical studies, some research that is ethically permissible for adults is not acceptable for children, who usually do not have the legal capacity or maturity to make informed decisions about research participation. The book looks at the need for appropriate pediatric expertise at all stages of the design, review, and conduct of a research project to effectively implement policies to protect children. It argues persuasively that a robust system for protecting human research participants in general is a necessary foundation for protecting child research participants in particular.