The courts have established that Children who suffers from a serious illness will not be able to use the Gillick competence in other words consent will not be looked at in a case of an emergency were the court refuses to consider the consent in the case of an emergency. In the case of Re L it was stated that a girl will not have a Gillick competence in a life-threatening situation and the doctor was not liable on the basis that it was not a life-threatening situation, therefore the girl’s claim failed on the basis that it was under life-threatening decision. Now we move on to the statue side of the Gillick competence, where it was stated in the family reform act 1969 section 8 which implicates that any person who is sixteen or seventeen may choose to consent on their medical treatment or not. This law was applied in the case of Re W which stated that the doctor should act in accordance to the best interest of the child rather than the consent. This establishes that with the courts limitation it is still possible that a doctor treats the child whether they are above 16 (family reform act) or under (Gillick competence), both states the same thing which is children are allowed to refuse to consent, if the child has a sufficient understanding on the matter the child will be allowed to refuse a consent. In a case of emergency as stated before it was dealt differently were the children’s consent is not binding as the parents might agree to a medical treatment, but the child refuses the refusal will be ineffective, the doctor will not be liable for treating the child. The statue of the family reform act indicates that any child who is sixteen years old or seventeen should be able to make the decision because they will be treated as an adult. What was established that children’s have the right to refuse to consent based on the Gillick competence, it would be human to reject their choice based on what the parent’s think unless it is in the case of an emergency then it is a different topic because the parent’s and the court will look for the best interest of the child. to conclude children should be allowed to refuse to consent to a medical treatment if they grasped an understanding of their situation.
本段内容来自网络 并不是我们的写手作品 请勿直接剽窃，查重100%，造成后果与本站无关。如需定制论文请记得联系我们。