Medical Treatment of Children and the Law : Beyond Parental Responsibilities book cover
1st Edition

Medical Treatment of Children and the Law
Beyond Parental Responsibilities

  • Available for pre-order. Item will ship after November 20, 2020
ISBN 9780367200022
November 19, 2020 Forthcoming by Routledge
280 Pages

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Book Description

The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions and argues for a different understanding of the law concerning the medical treatment of children.

This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over, and judicial resolution of, the best interests of the child fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles, and approach, of the court established in the early cases endures, the nature, and balance, of these responsibilities to children in their care need to be understood in the social, legal, political context in which they are exercised and enforced by the court.

The book will be a valuable resource for academics, students and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing and Bioethics.

Table of Contents

1   The Changing Context for Children’s Medical Treatment Cases

2   The Children Act 1989 And Responsibilities for Children’s Medical Treatment

3   The Development of the Legal Framework for Children’s Medical Treatment Cases

4   The Legal Duties of Doctors to Children in their Care

5   Protecting the Interests and Welfare of Vulnerable Children

6   Professional Duties and Public Responsibilities in Limitation of Life-Sustaining Treatment Cases

7   At the Frontiers of Medicine

8   Professional Duties, Public Responsibilities and State Intervention into Family Life

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Jo Bridgeman is Professor of Healthcare Law and Feminist Ethics, University of Sussex, UK.