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Medical Decision Making
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Medical Decision Making:
CHILDREN'S HEALTHCARE
Chloe Caday
Works Cited:
- Boyles, Salynn. “Charlie Gard Case Must Have Set ‘Dangerous Precedent’.” SSCM, MedPage Today, 27, Feb. 2018
- Catalano, Emily. “Healing or Homicide?: When parents Refuse Medical Treatment for TheirChildren on Religious Grounds.” Hein Online Law Journal Library, Hein Online Law Journal Library, vol. 18, no. 2, pp. 157-174.
- Digital Communications Division. “What Is Child Abuse or Neglect? What is the Definition of Child Abuse and Neglect?” HHS.gov, 21 Aug. 2015.
- Haxel, Christopher. “Couple Accused of Allowing Baby to Die, Relying on Divine Healing.” Lansing State Journal, Lansing State Network, 28 Sept. 2017.
- Hughes, Richard. “The Death by Children by Faith-Based Medical Neglect.” The Journal of Law & Religion, vol. 20, no. 1, JSTOR, 2005, pp. 247-265.
- Ramirez, Kathleen. “Protect Our Children: Vaccination Exemptions Can Establish Child Abuseand Neglect.” Family Court Review, no. Issue 2, 2019, p. 258.
- Rubinkam, Michael. “Faith-Healing Parents Charged in Girl's Death: Officials.” NBC 10 Philadelphia, NBC 10 Philadelphia, 2 Feb. 2017.
THE DILEMMA
THE
DILEMMA
- A child falls ill
- The parents and the physician disagree on medical treatment
- Who decides?
THE DECISION SHOULD GO TO...
THE PHYSICIAN
MY ARGUMENT
- Medically Licensed
- Experience
- Professional objectivity
- No conflict of interest
ETHICS
Withholding medical treatment is a form of neglect.
"Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation."
- The Federal Child Abuse Prevention and Treatment Act
ETHICS
A parent's refusal to take their child to a medical professional is usually for religious or philosophical reasons.
Digital Communications Division. “What Is Child Abuse or Neglect? What is the Definition of Child Abuse and Neglect?” HHS.gov, 21 Aug. 2015.
CASES
Examples of medical neglect
Ella Grace Foster
- Showed symptoms of the common cold
- Parents refused to get her medical help since it would be "frowned upon" within the church
- Illness developed into pneumonia
- She dies a few days later
Koulouris, Christopher. "Berks County parents who believed in faith healing for daughter convicted in her pneumonia death." Scandal and Gossip, Scallywag & Vagabond, 25 Mar. 2018.
95% chance of survival
Liam Gardner
- Showed symptoms of the common cold
- Worsened into flu-like symptoms
- Rash, fever of 103
- Diagnosed with measles
- Was already vaccinated for measles
Ramirez, Kathleen. “Protect Our Children: Vaccination Exemptions Can Establish Child Abuse and Neglect.” Family Court Review, no. Issue 2, 2019, p. 258.
- Contracted from another child who was not vaccinated
- Highly contagious when from an unvaccinated individual
Abigail Piland
- Newborn child
- weak immune system
- Developed jaundice
- Parents refused medical treatment
- Passes away only a couple days later
Haxel, Christopher. “Couple Accused of Allowing Baby to Die, Relying on Divine Healing.”
Lansing State Journal, Lansing State Network, 28 Sept. 2017.
OPPOSITION
OPPOSITION
Opposing views that may argue against allowing physicians to make the final decision when it comes to what should be done in terms of a treatment for a child that has fallen ill
PARENTS' VIEW
IT IS THEIR LEGAL RIGHT TO BRING UP THEIR CHILD IN THE WAY THEY SEE FIT
Physicians have the same goal: to help the child overcome their sickness
IT IS THEIR LEGAL RIGHT TO PRACTICE RELIGION
That argument is valid until it comes to the point where other individuals start to suffer
THEY KNOW THEIR CHILD BEST
They may also pose as a conflict of interest and can end up harming their child due to insufficient medical knowledge.
COOPERATION & TRUST
COOPERATION & TRUST
is important within all parties involved in order to treat the child the best way possible.
PARTIES INVOLVED
1
PARENTS
2
PHYSICIANS
3
THE STATE
PARENTS' ROLE
- Understands child best
- Knows more about the life of the child
- Able to provide insight on child's personality
- Ability to smooth out a possibly difficult recovery
PHYSICIAN'S ROLE
- Understand what the best medical approach is
- Try to convince parents that the medical approach is the best approach
- Educate and answer any questions to alleviate any parents' concerns
THE STATE'S ROLE
- Should only intervene unless absolutely necessary
- Allows parents and physicians to build a relationship of trust
CONCLUSION
CONCLUSION
Medical Decision making, especially within the bounds of children's healthcare should go to physicians
- Physicians simply have a better background
- Professional objectivity
- No conflict of interest
- In the case that a child does pass away, the burden will not be on the parent.
- When a decision cannot be agreed on, the state must intervene
- The relationship between parents and physicians/the state should be interdependent rather than malignant.