Journal of Medical Ethics 44 (7):476-480 (2018)
Abstract |
Much of the commentary in the wake of the Charlie Gard litigation was aimed at apparent shortcomings of the law. These include concerns about the perceived inability of the law to consider resourcing issues, the vagueness of the best interests test and the delays and costs of having disputes about potentially life-sustaining medical treatment resolved by the courts. These concerns are perennial ones that arise in response to difficult cases. Despite their persistence, we argue that many of these criticisms are unfounded. The first part of this paper sets out the basic legal framework that operates when parents seek potentially life-sustaining treatment that doctors believe is against a child’s best interests, and describes the criticisms of that framework. The second part of the paper suggests an alternative approach that would give decision-making power to parents, and remove doctors’ ability to unilaterally withhold or withdraw life-sustaining treatment that they regard is futile. This proposal is grounded in several values that we argue should guide these regulatory choices. We also contend that the best interests test is justifiable and since the courts show no sign of departing from it, the focus should be on how to better elucidate the underlying values driving decisions. We discuss the advantages of our proposed approach and how it would address some of the criticisms aimed at the law. Finally, we defend the current role that the judiciary plays, as an independent state-sanctioned process with a precedent-setting function.
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DOI | 10.1136/medethics-2017-104721 |
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References found in this work BETA
Overriding Parents’ Medical Decisions for Their Children: A Systematic Review of Normative Literature.Rosalind J. McDougall & Lauren Notini - 2014 - Journal of Medical Ethics 40 (7):448-452.
Hard Lessons: Learning From the Charlie Gard Case.Dominic Wilkinson & Julian Savulescu - 2018 - Journal of Medical Ethics 44 (7):438-442.
Should Religious Beliefs Be Allowed to Stonewall a Secular Approach to Withdrawing and Withholding Treatment in Children?Joe Brierley, Jim Linthicum & Andy Petros - 2013 - Journal of Medical Ethics 39 (9):573-577.
The Best Interest Standard: Both Guide and Limit to Medical Decision Making on Behalf of Incapacitated Patients.Thaddeus M. Pope - 2011 - Journal of Clinical Ethics 22 (2):134.
The General Medical Council: Frame of Reference or Arbiter of Morals?D. Hill - 1977 - Journal of Medical Ethics 3 (3):110-114.
Citations of this work BETA
Balancing Patient and Societal Interests in Decisions About Potentially Life-Sustaining Treatment: An Australian Policy Analysis.Eliana Close, Ben P. White & Lindy Willmott - 2020 - Journal of Bioethical Inquiry 17 (3):407-421.
Children, Futility and Parental Disagreement: The Importance of Ethical Reasoning for Clinicians in the Paediatric Intensive Care Setting.Chiara Baiocchi & Edmund Horowicz - forthcoming - Clinical Ethics:147775092210966.
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