Law Report Children and medical consent
Jan 14, 2025
Cameron Stewart, a University of Sydney Law Professor, and James Cameron, an Honorary Research Fellow at the University of Melbourne Law School, dive into the complex realm of children's medical consent. They dissect a pivotal NSW case revealing the clash between parental beliefs and child welfare. The discussion highlights ethical dilemmas around religious objections to medical treatments, particularly blood transfusions, and reflects on the erosion of trust in children's healthcare settings. They advocate for transparency in navigating these sensitive legal waters.
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Court-Ordered Transfusion for Minor
- Doctors sought court approval for blood transfusions for a three-year-old girl.
- Her Jehovah's Witness parents objected, but the court prioritized the child's life.
Overriding a Competent Minor's Refusal
- A 17-year-old girl with bone cancer believed God had healed her and refused further treatment.
- Despite her competence, the court ordered continued treatment against her and her family's wishes.
Treatment Ordered Despite Potential Suffering
- Parents of a 14-year-old with leukemia and developmental challenges resisted invasive treatment.
- They prioritized her comfort, but the court ordered treatment, emphasizing potential recovery.