Critically ill children and the law : medical decision-making and the best interests principle / James Cameron.
2024
K639 .C36 2024 (Map It)
Available at Cellar
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Title
Critically ill children and the law : medical decision-making and the best interests principle / James Cameron.
Published
Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group, 2024.
Copyright
©2024
Call Number
K639 .C36 2024
ISBN
9781032537474 hardcover
1032537477 hardcover
9781032544779 paperback
1032544775 paperback
9781003425090 electronic book
1032537477 hardcover
9781032544779 paperback
1032544775 paperback
9781003425090 electronic book
Description
viii, 241 pages ; 25 cm
System Control No.
20404303
(OCoLC)1391094038
(OCoLC)1391094038
Summary
"A series of recent high-profile court cases has demonstrated the inadequacy of current laws in addressing issues relating to medical treatment decisions involving seriously ill children. The challenges of determining that life-sustaining medical treatment is not in a young child's best interests have resulted in criticism of the best interests principle. This book explores the theoretical foundations of the best interests principle, and alternatives offered in the academic literature, to allow readers to understand why the principle remains contentious despite its prevalence. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach to address these challenges. Frameworks for decision-making identified in the academic literature are used to examine the application of the best interests principle in practice in England and Wales, Australia, and New Zealand through a review of the case law and qualitative research with paediatric doctors. The exploration of current practice allows readers to understand the challenges of applying the best interests principle, but also the need to retain a focus on the child. Readers are introduced to a human-rights based approach, which ensures that the focus remains on upholding the child's best interests but also provides a more comprehensive explanation of the situation. Progressing the debate around end-of-life decision-making and children, the book will be a valuable resource for academics, researchers and policy-makers. It will also provide practical guidance to both legal and medical practitioners in managing disputes about the provision of life-sustaining treatment"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Who is responsible for identifying and upholding a child's best interests?
Upholding minimum standards rather than enforcing best interests
The application of the best interests principle by judges: upholding undefined interests
Qualitative research with doctors: balancing issues beyond the child's interests
Comparing the approaches of judges and doctors: the need to retain but further explain the best interests principle
A human rights-based approach
How a human rights-based approach may inform decisions
Applying a human rights-based framework.
Upholding minimum standards rather than enforcing best interests
The application of the best interests principle by judges: upholding undefined interests
Qualitative research with doctors: balancing issues beyond the child's interests
Comparing the approaches of judges and doctors: the need to retain but further explain the best interests principle
A human rights-based approach
How a human rights-based approach may inform decisions
Applying a human rights-based framework.