Lecture 2: Medical Consent - Child Patients Flashcards
A child or minor is?
A person who has been born and is under 18 years of age
What are the 3 categories for medical consent in children?
16 and 17 year olds
Gillick-competent children
Babies and young children
Consent with 16 &17 YEAR OLDS
The consent of a minor who has attained the age of 16 years to any surgical, medical, or dental treatment … shall be as effective as it would be if he were of full age
It shall not [then] be necessary to obtain any consent for it from his parents
GILLICK-COMPETENT CHILDREN
Legal presumption is reversed for children under 16
They must prove their competence in order for their consent to be legally valid
Covered by case law
A child is Gillick-competent if he or she has?
Sufficient understanding and intelligence to enable him or her to understand fully what
is proposed
Consent in babies and young children?
Consent for treatment can be provided by anyone with parental responsibility
Why are parents believed to be best placed to make medical decisions for their children?
Where more than one person has parental responsibility for a child, each of them may act alone and without the other in meeting that responsibility;
but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child
- CHILDREN ACT 1989
Consent of both parents are required for?
Male circumcision
Immunisation
Female genital mutilation acts 2003
It is an offence:
- For any person in England, Wales or NI (regardless of nationality or residence status)
- to perform FGM; or
- to assist a girl to carry out FGM on herself
- To assist a non-UK national or resident to carry out FGM outside the UK on a UK national or permanent resident
Penalty for FEMA, genital mutilation?
Maximum penalty : 14 years imprisonment and/or a fine
What are the cases of disagreement between decision- makers?
1 - Parent v parent = an application should me made to court
2 - child v parent= Doctors can treat if
* Gillick - competent child consents , but parents object
* parent consents, but the Gillick-competent child
objects
*. The court authorises the treatment, despite objections of parent and child
3- Doctor v Parent/Child = Doctors need to apply for court authorisation.
Court can override the views of the parents (or child) if they do not accord with the best interests of the child
What should you consider when carrying out an assessment of best interests for children?
- views of child or young person (so far as they can express)
- view of parents
- views of other close to the child or young person
- cultural, religious or other beliefs and values of the child or parent
- views of other healthcare professionals involved in providing care to the child or young person, and of any other professionals who have an interest in their welfare
- which choice, if there is more than one, will least restrict the child or young person’s future options
