The Best Interests of the Child in Healthcare (Biomedical Law and Ethics Library)

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. Setting The Scene -- Best Interests And Consent -- Refusal Of Consent -- Withholding And Withdrawing Treatment From Infants And Young Children -- Medical Research And Innovative Treatment -- Best Interests Between Children: Donation Of Tissues And Organs And Conjoined Twins. Sarah Elliston. Includes Bibliographical References (p. [289]-302) And Index. Decision making in respect of children and young people raises some of the most important issues for any society. This book critically examines the development of the best interests test and compares it with other, less protective, decision making standards that might be used, such as the decision being merely in the interests of the child