The answer to the question is more complicated than it might seem at first blush. The short answer is “yes.” A person has a constitutional right to refuse medication and other forms of medical treatment, and that includes the right of parents to refuse to allow that their children be medicated.
Can a parent refuse medical treatment for a child?
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
What happens if parents refuse treatment for their child?
If the child’s parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the child’s life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.
Why do parents refuse medical treatment for their child?
The expected outcome of that treatment is a relatively normal life with a reasonably good quality of life. The child would die without the treatment. The parent is refusing to grant consent for the treatment.
What happens if parents disagree on medical treatment?
The first thing you should look at is your custody agreement. … If it does not assign medical decision-making authority, see who has legal custody. In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody.
At what age can a child make medical decisions?
A minor may make all his or her own medical decisions without parental consent where the minor is 15 or older, living apart from the parents or guardians, and managing his or her own medical affairs.
Who has the legal right to make medical decisions?
The law recognizes that adults—in most states, people age 18 and older—have the right to manage their own affairs and conduct personal business, including the right to make health care decisions. Emancipated minors are people below the age of adulthood (usually 18) who are also considered legally capable.
Can parent refusing mental health treatment for child?
The short answer is “yes.” A person has a constitutional right to refuse medication and other forms of medical treatment, and that includes the right of parents to refuse to allow that their children be medicated.
What is the religion that refuses medical treatment?
Jehovah’s Witnesses and Christian Scientists are the two most common religious doctrines that may dictate treatment refusal, limitation, or preference for prayer.
Can a parent refuse life saving treatment for their child?
If a child’s care providers do not find her to be legally capable of consenting or refusing to consent to chemotherapy, it is her parents who have the legal right to decide. However, parents cannot decide willy-nilly. They are legally obligated to follow a set of rules that apply to substitute decision-makers.
Is it illegal to not go to the doctor?
Most patients in the United States have a right to refuse care if the treatment is being recommended for a non-life-threatening illness.
What is medical neglect?
Medical neglect occurs when children are harmed or placed at significant risk of harm by gaps in their medical care. This is most likely to occur and to be recognized when families lack resources, commonly due to poverty, and when medical demands are high, such as with complex, severe, and chronic illness.
Can a parent make medical decisions?
Only one parent is awarded sole legal custody, so that this parent can make major medical decisions about the child’s health without consulting the other parent. … Joint legal custody means that both parents can make medical decisions regarding the child’s medical care.
Can parents make medical decisions?
The NSW Act was only invalid to the extent that it prohibited a medical or dental treatment which was authorised by the Family Court. Decisions with respect to a child’s health and medical care can generally be made by a parent of the child, or any other person who has parental responsibility for that child.
What is considered a major medical decision?
Your parenting agreement may have a procedure to resolve matters if you can not agree. Also, you could consider applying to the court for a change to sole medical decision making. You should retain an attorney to further advise you. after reviewing your agreement and the facts in the case.