Prof2020’s Proposal

In my research paper, I will be examining the medical rights of children and the liberties given to them in the way of making medical decisions, whether life altering or negligible . More often than not, children are seen as too immature and not knowledgeable enough to make a well informed decision and control over the minor’s health care falls into the parent/guardian’s hands. Of course, there are exceptions to nearly every rule has each case is different and the rulings and details are relative.

Prof 2020’s Sources

1)http://www.americanbar.org/content/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/medicaltreatment.html

Essential Content of the Article:
The American Bar Association offers details of prominent court cases involving children’s medical rights. It thoroughly explains the grounds on which specific cases were filed and the courts’ rulings in each matter. Additionally, it provides opposing and unbiased perspectives on the topic.

What It Proves:
There are exceptions to each side of the argument and the court can’t be expected to give an absolute, umbrella-type ruling.

2)https://www.questia.com/library/controversial-topics/medical-rights-and-children

Essential Content of the Article:
In some states, it is up to the discretion of the state to grant “limited power” to minors when making medical decisions. Some states have implemented the “mature minor doctrine” which offers more control to minors who engage in behaviors typically associated with adulthood.

What It Proves:
Some states have moved beyond the typical stance on the mental and judgmental capacity of minors and are willing to be flexible where the situation calls for it.

3)http://www.medscape.com/viewarticle/456472_2

Essential Content of the Article:
There are many different laws that restrict the medical rights of a minor. The vast majority of medical decisions is left to the parent or guardian.

What It Proves:
Parents are often given entire control over the health care of their child. The state assumes that the parent will have their child’s best interest in mind but this is not always true. Many laws make it very easy for a parent to abuse their child or hinder their well being, even when the parent believes they are doing what’s best.

4)http://www.usnews.com/news/articles/2015/01/22/case-sparks-debate-about-teen-decision-making-in-health

Essential Content of the Article:
This article focuses on a teen girl named Cassandra who has been diagnosed with a highly curable form of Hodgkin’s Lymphoma. At the time the article was written she was just months away from turning 18 but was forced by the state to undergo chemotherapy against her wishes.

What It Proves:
Forcing a child to undergo treatment against their will can not only harm the child’s psychological well being but may do more to worsen their condition than help it. If a treatment plan is not followed well, it can make the condition harder to treat than it had been before.

5)https://www.bhclr.edu/!userfiles/pdfs/course-materials/Minors%20Rights%20in%20Medical%20Decision%20Making.pdf

Essential Content of the Article:
This article places a particular importance on informing the minor in question of the facts pertaining to their case to help them make a better informed decision than if they had gone without said facts. This is an effort to make sure the patient has a firm understanding of their options and the consequences and possible outcomes that may come with each choice.

What It Proves:
It is not unreasonable and to give a child the right to make an informed decision about their life.

6)http://www.nytimes.com/2016/09/19/well/family/when-should-children-take-part-in-medical-decisions.html?_r=0

Essential Content of the Article:
When is a child competent enough to make important decisions? Is there a switch that gets flipped on their eighteenth birthday? Involving a child in discussions about their health care can “foster the moral growth and development of autonomy in young patients.” This will better improve their ability to ask themselves these questions and make informed decisions when the time comes.

What It Proves:
At times, there are more benefits than draw backs when involving a child in decisions made pertaining to their health and well being.

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