Do parents have the right to refuse medical treatment for their 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.
Can parents refuse chemotherapy?
Although wide, the zone of discretion is not unlimited. Parents may not refuse cancer treatment when (1) withholding treatment poses a significant risk of serious irreparable harm and (2) the projected benefits of the refused treatment outweigh the burdens.
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.
When parents disagree with doctors on a child’s treatment who should have the final say?
Get a Court Order Remember, a court will make a decision based on the best interest of the child. This means that regardless of what you or your ex want to do about your child’s medical decision, the court will have the final decision. A court order will ensure your child’s safety is the number one priority.
Why parents should refuse medical treatment of 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.
Do parents have the right to refuse medical treatment for their child in South Africa?
Guardianship is an order of the High Court, and can be nominated on the death of a parent or on the adoption of a child. The child and the parents, together or independently, have the right to refuse to provide consent for medical treatment, surgery or research.
Is it legal to refuse medical treatment?
An adult patient with capacity has the right to refuse any medical treatment, even where that decision may lead to their death or the death of their unborn baby. Treating a person who has validly refused treatment could constitute an assault or battery.