The Best Interests of the Child in Healthcare

By: Sarah Elliston

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Hardcover | 15 November 2007 | Edition Number 1

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Hardcover
324 Pages

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23.4 x 15.6 x 2.54

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Topical and compelling, this volume provides an excellent re-evaluation of the 'best interests' test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children.

Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications.

It includes discussions on:

the extent to which a child's body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change
the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions
the response to situations where the interests of children may be in conflict - the cases of conjoined twins or the donation of organs to siblings.

This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.

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Acknowledgments	p. ix
Table of cases	p. xi
Setting the scene	p. 1
Introduction	p. 1
Children's rights	p. 6
The welfarelbest interests principle in UK child law	p. 11
Problems with the best interests of the child principle and healthcare	p. 17
Parental responsibilities, best interests and the harm principle	p. 27
The role of doctors	p. 42
Conclusion	p. 45
Best interests and consent	p. 47
The requirement of consent to treatment	p. 47
Consent for children who lack capacity	p. 48
Children with capacity to consent	p. 67
Conclusion	p. 94
Refusal of consent	p. 95
Refusal of consent for children who lack capacity	p. 95
Children with capacity to refuse	p. 111
Conclusion	p. 143
Withholding and withdrawing treatment from infants and young children	p. 145
The sanctity of life principle	p. 146
Withholding and withdrawing treatment from children	p. 151
Quality of life judgments, best interests and the harm principle	p. 173
Conclusion	p. 189
Medical research and innovative treatment	p. 191
Medical research and innovative treatment - definitions	p. 193
The development of guidance and regulation of medical research with children	p. 197
The legal standard of care in medical research and innovative treatment	p. 202
Consent, best interests and the harm and reasonableness principle in medical research and innovative treatment	p. 206
Conclusion	p. 240
Best interests between children: donation of tissues and organs and conjoined twins	p. 243
Living donation of blood, tissues and organs	p. 244
Conjoined twins	p. 272
Conclusion	p. 285
Concluding remarks	p. 287
Bibliography	p. 289
Index	p. 303
Table of Contents provided by Ingram. All Rights Reserved.

The Best Interests of the Child in Healthcare

At a Glance

Hardcover

Shipping

How to return your order

Defective items

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