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  #1  
Old 06-07-2011
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Medicolegal and Ethics Ethics: Child autonomy!

A 16 years old boy comes with his mother, he has a lipoma on his face (or something like it), and his mother wants it removed because for cosmetic reasons, the boy wants it not to be removed!!!

what do you do?
1- listen to the mother? 2- listen to the boy?

---------------------


same question, but suppose its leukemia, and the boy does not want treatment, what do we do ....
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Old 06-08-2011
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listen to mother cuz the child is non emancipated , do the same in other case as well
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Old 06-08-2011
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lol i find it hard to imagine restraining a 16 yo kid to treat him!!!!!!
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Old 06-08-2011
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Default Mmmmmmmmmmmmmm,,,

Well I guess the most important statement you mentioned in the veniet is "Came with his Mother" giving a clue that he lives with his mother and depends on her for living ,,, that doesn't make him "Emancipated minor" meaning that any medical procedure can't be done without his parents support and approval.
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Old 06-08-2011
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but the question is trickier: its about GIVING treatment to UNWILLING teenager ...

i guess i will do as the mom wants ,,, it just sounds weird
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Old 06-08-2011
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yeaa....its a teenage child, so do wat the parents/caretaker wants....atleast for step1 i guess...lolzz..nd for 2nd case defintly treat d child as it is life threatning....in 2nd case even if mother says no, we r supposed to treat d child for any life/limb threatning conditions...
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Old 06-08-2011
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idk i thought for the first one we could wait till he is 18 coz its not so important procedure not life threatening as well
for the second one we treat
are everyone sure that we treat in both situations???

coz its really important to know these questions
thx
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Old 06-08-2011
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Default mature-minor doctrine

When the minor is deemed mature, he has the right to refuse treatment, as an exception to common law. Any body found any relavant literature any where else?

See below

In the area of medical decision making, minors “are presumed incompetent, and thus require the aid of parents or guardians to assist in the decision-making process.”Under common law, doctors were required “to obtain parental consent before treating a minor” and were liable for battery if a minor was treated without parental consent. The mature minor doctrine is the exception to the common law and essentially transforms a minor into a competent adult for medical decision making purposes.For the doctrine to apply, a minor must “demonstrate a sufficient level of maturity . . . to have their choices respected independent of third parties.”

There is nothing in the [U.S.] Constitution about children . . . [or] minors,” but their absence does not mean their rights are nonexistent as “constitutional rights do not mature and come into being magically only when one attains the state-defined age of majority.” A minor who has proven competency through maturity should have the right to refuse life-sustaining medical treatment. The rights of teenagers who have proven their understanding of the risks and benefits of treatment should not be infringed because they are two or three years younger than their peers at eighteen who are able to make the decision without interference from the State or their parents. Thus, the New York Legislature should adopt the mature minor doctrine to clarify the rights of minors to refuse life-sustaining treatment.

New York should adhere in some form to Tennessee’s adoption of the Rule of Sevens to determine a minor’s maturity so that any minor under the age of seven would not be able to refuse treatment and a minor between seven and fourteen would be presumed to be incompetent to refuse treatment pending other evidence. Minors older than fourteen would be presumed to have capacity to refuse treatment,but a doctor would have to support this presumption with clear and convincing evidence of the existence of certainfactors to decide if a minor was in fact mature to refuse treatment.The following factors should be considered together and given equal weight to determine if a minor is mature:
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