Consent and refusal of treatment by older children in emergency settings

Dominique Moritz; Phillip Ebbs

doi:10.1111/1742-6723.13685

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Consent and refusal of treatment by older children in emergency settings

Journal article

Peer reviewed

Consent and refusal of treatment by older children in emergency settings

Dominique Moritz and Phillip Ebbs

Emergency Medicine Australasia, Vol.33(1), pp.168-171

2021

DOI: https://doi.org/10.1111/1742-6723.13685

PMID: 33169517

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Abstract

adolescent

capacity

child

consent to treatment

refusal of treatment

The law recognises that children can exert an increasing level of autonomy and decision‐making about their healthcare as they mature, and that intelligence and maturity levels will vary from one child to the next. Therefore, the parameters for when older children can consent to healthcare can be a complex area for clinicians to navigate. Refusal of treatment provides additional challenges for clinicians because the law is less clear about when older children can be involved in refusing treatment which is in their best interests. This article outlines relevant legislation concerning child consent to treatment across Australian jurisdictions and examines refusal of treatment by children using the 2018 case of Mercy Hospitals Victoria v D1 & Anor.

Details

Title: Consent and refusal of treatment by older children in emergency settings
Authors: Dominique Moritz (Corresponding Author) - University of the Sunshine Coast, Queensland, School of Law and Criminology - Legacy
Phillip Ebbs (Author) - Charles Sturt University
Publication details: Emergency Medicine Australasia, Vol.33(1), pp.168-171; 4
Publisher: Wiley-Blackwell Publishing Asia
Date published: 2021
DOI: 10.1111/1742-6723.13685
ISSN: 1742-6723
PMID: 33169517
Organisation Unit: University of the Sunshine Coast, Queensland; School of Law and Society; Sexual Violence Research and Prevention Unit; School of Law and Criminology - Legacy
Language: English
Record Identifier: 99488507802621
Output Type: Journal article

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Collaboration types: Domestic collaboration
Web Of Science research areas: Emergency Medicine

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