Elsevier

Critical Care Clinics

Volume 12, Issue 1, 1 January 1996, Pages 149-164
Critical Care Clinics

NEONATAL AND PEDIATRIC CRITICAL CARE: Ethical Decision Making

https://doi.org/10.1016/S0749-0704(05)70221-9Get rights and content

Section snippets

Legal Issues

The concept of autonomy and capacity to make medical decisions is for minors a relatively new idea. Unlike adults, children are automatically deemed incompetent regardless of their maturity, and parents are required to provide consent for medical care.

States are free, however, to modify this general rule. Some states under case law provide to minors who live alone, are in the military, or have other evidence of independence the legal right to make medical decisions for themselves. Some states

SURROGACY AND THE BEST INTEREST STANDARD

Assigning parents as the medical decision maker for children makes social, logical, and ethical sense. The parents have conceived (or adopted) the child and have raised this child with all associated social, emotional, and legal obligations. The parents in most cases will be living with the child regardless of what the later quality of life is. In most cases, the parents alone are going to have to deal with the child's care requirements. The Supreme Court of the United States has

SUMMARY

Advances in critical care have raised increasingly difficult ethical issues for children. Before major technologic and medical advances such as immunizations, antibiotics, ventilators, and transplantation, parents chose what treatment their child received. As what was possible through medical care expanded, the government assumed the parents' role by requiring aggressive medical treatment for all children regardless of the probable outcome. With ever-increasing technology, however, it has

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References (53)

  • G. Cassady

    Anencephaly: A 6 year study of 367 cases

    Am J Obstet Gynecol

    (1969)
  • T.F. Ackerman

    The limits of beneficence: Jehovah's Witnesses and childhood cancer

    Hastings Cent Rep

    (1980)
  • B. Anderson et al.

    Parent's perceptions of decision making for children

    Journal of Law, Medicine, and Ethics

    (1995)
  • G.J. Annas

    Asking the courts to set the standard of emergency care—the case of Baby K

    N Engl J Med

    (1994)
  • Bowen v American Hospital Association (1986). Supreme Court Reporter...
  • Brief of the American Academy of Pediatrics as Amicus Curiae, Court of Appeals 4th Cir, US No 93-1899 (L),...
  • Brief of the Society of Critical Care Medicine as Amicus Curiae, Court of Appeals 4th Cir, Record No. 93-1899 (L),...
  • Can children permit research?

  • Children and the law

  • C. Cohen

    Ethical and legal considerations in the care of the infant with end-stage renal disease whose parents elect conservative therapy. An American perspective

    Pediatr Nephrol

    (1987)
  • B.D. Colen

    Whatever happened to Baby Jane Doe?

    Hastings Cent Rep

    (1994)
  • Council on Ethical and Judicial Affairs, American Medical Association

    Code of Medical Ethics, Current Opinions with Annotations, §2.162

    (1994)
  • A.R. Crosswait

    Comment: "Do not resuscitate order" allowed for an infant with AIDS: In the interest of C.A.

    Journal of Health and Hospital Law

    (1993)
  • Cruzan v Missouri Department of Health 497 U.S., III L. ed. 2d 224, 110S. Ct. 2841,...
  • Department of Health and Human Services, Office of Human Development Services 45 CFR §1340 (1985)

    Child Abuse and Neglect Prevention and Treatment Program, Final Rule, 50 Fed Reg 14879-92 (1985)

    (1985)
  • Department of Health and Human Services, Office of Secretary, 45 CFR §85 (1984): Nondiscrimination on the Basis of Handicap: Procedures and Guidelines Relating to Health Care for Handicapped Infants

    Fed Reg

    (1984)
  • R. Duff et al.

    Moral and ethical dilemmas in the special care nursery

    N Engl J Med

    (1973)
  • Emergency Medical Treatment and Active Labor Act, 42 U.S.C. §...
  • E.J. Flannery

    One advocate's viewpoint: Conflicts and tensions in the Baby K case

    Journal Law Medicine & Ethics

    (1995)
  • N. Fost

    Treatment of seriously ill and handicapped newborns

    Crit Care Clin

    (1986)
  • D. Frey

    Does anyone here think this baby can live?

    New York Times

    (July 9, 1995)
  • A. Goldworth

    Conflict in the pediatric setting: Clinical judgment vs parental autonomy

    Cambridge Quarterly of Health Care Ethics

    (1995)
  • "Hospital Fights Parents' wishes to keep life support for a 'brain dead' child."

    New York Times

    (Feb 12, 1994)
  • In re: guardianship of Andrew James Barry, a minor. District Court of Appeal of Florida, Second District. 445 So. 2d...
  • In re Quinlan 355 A.2d 647-668 (New Jersey,...
  • In re: T.A.C.P. Supreme Court of Florida, Case No. 92-79,...
  • Cited by (8)

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    Address reprint requests to Rebecca Cooper, MD, JD, Division of Neonatology, Wolfson Children's Hospital, 800 Prudential Drive, Jacksonville, FL 32207

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