Question
Asked 6 February 2014

Who should decide: Parents or doctors on withholding treatment for disabled neonates/young children?

If anyone could refer any insightful articles on this topic it would be greatly appreciated!

Most recent answer

Lesley-Anne Barnes Macfarlane
University of Glasgow
Hi - late answer, I know, but in case you are still interested in this issue, there was a recent case that might be of interest to you in the UK called F v F (MMR Vaccine).   I wrote on this and have uploaded a publication on it (also if you google it you'll find a link to the BBC coverage of the case and an overview of the general issues in law).

All Answers (5)

Challenging! For ethical, emotional, societal, juridical and economical parameters are involved. So, involvement of a multidisciplinary team is required for decision making? In practice doctors together with the parents sometimes have to decide by lack of time to discuss the best outcome.
Dick Sobsey
University of Alberta
There are too many variables to have a uniform answer. In practice it is usually Doctors who decide with the consent of parents. This does not necessarily make the decision ethical. There is clearly a difference between withholding care when teh care is would be truly extraordinary and and futile for preserving the life of the infant versus withholding care that would be routine for a viable infant based on a subjective notion that the infant's future quality of life would not worthy of saving. Many decisions to withhold care fall into the second category, and in my view are no more or less defensible than letting babies die because they are socially or economically disadvantaged. While these two extreme categories exist, in reality many cases fall somewhere between the two. What happens in many cases is that the physician discusses it with families, but the in most cases the physician already has made up his or her mind one way or the other (and that usually means on the side of withdrawing care because physicians don't usually raise this question for babies they consider worth saving). Consciously or unconsciously, the physician presents the case biased toward withholding care and the family in most cases agrees. Thus it appears that the family has made the decision but this is a kind of illusion. In cases where families refuse the option of withholding care, one of three things happens: (1) Care is reluctantly provided, (2) the case goes to an ethics committee or court for a decision, or (3) care is withdrawn anyway or given with poor quality to create a situation in which it becomes impossible to preserve life.
Kristijan Bečić
University of Split
It is quite difficult to answer on this question as there are many ethical dilemmas about it. There should be a consensus as parents usually have no knowledge in medicine but they are not child's parents. In case of disaccord Child Protection Services should be included.
Lesley-Anne Barnes Macfarlane
University of Glasgow
Hi - late answer, I know, but in case you are still interested in this issue, there was a recent case that might be of interest to you in the UK called F v F (MMR Vaccine).   I wrote on this and have uploaded a publication on it (also if you google it you'll find a link to the BBC coverage of the case and an overview of the general issues in law).

Similar questions and discussions

What legal protections do physicians have in providing time-sensitive treatment to a patient with a compromised capacity to refuse treatment?
Question
5 answers
  • Vaughn HuckfeldtVaughn Huckfeldt
A cornerstone of medical ethics is the requirement that patients give informed consent to any treatment, and this is supported by U.S. laws guaranteeing that patients should be able to refuse treatment. However, laws on refusal of treatment only apply if the patient has the decision-making capacity necessary to refuse treatment. This creates no special difficulty in cases where a patient clearly lacks decision-making capacity (unconsciousness, very advanced dementia, a ruling declaring legal incompetence, etc.) and also would create no special difficulties in cases where there is sufficient time to allow a patient to regain decision-making capacity, contact surrogates, address advance directives, or if all else fails, consult with the courts. Of course, in any such cases, physicians should clearly document everything and ideally get a second opinion on a patient’s decision-making capacity.
However, in time-sensitive cases where a patient has compromised decision-making capacity I have not yet been able to locate clear laws or cases.
For example, suppose that a patient is brought in with a moderate injury that will get worse without treatment (perhaps a broken ankle). Then suppose that the patient refuses treatment for the injury and wishes to go home. Finally, suppose the patient is clearly quite drunk (or high, or has some other moderate incapacitation) and the physician does not believe that the patient appreciates the consequences of refusing treatment.
If a physician decided to provide treatment on the basis that the patient does not have the capacity to give an informed refusal of the treatment, is the physician exposing themselves to liability or other legal sanction?
Also, if the physician did not provide treatment, is the physician exposing themselves to liability on the grounds of not properly securing an informed refusal of treatment?

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