Legal/ethical interview in relation to minor patient's rights?
I need an opinion please from a legal and medical point of viewpoint regarding this situation: My sister is 15 and it has been determined by her doctor that she should own reconstructive hip surgery that will improve her current condition. (She has had previous surgeries at the age of 5 and 6). My sister refuse the sugery and feels she would rather deal next to the pain and her current condition than deal with surgery again. If she refuse this surgery, she will need an actual hip replacement in the next two years. The surgery at paw would eliminate that need, at least for a few years. My mother wishes and consents to the surgery. Although the doctor told my sister that the surgery is in her best interest and she would see improvement, he also told her that if she refuses he will not get something done it, no matter what my mother says. My question is, can he veto to operate even though my sister is a minor and any medical decisions are to be made by her legal guardian, my mother. If my mother consents to the surgery, does the doctor have court reason to say no, only because my underaged sister feel it is not necessary? I believe it is the parents decision, and I honestly thought that legally the doctor have the obligation to do this and should not tell a 15 year old that he will override the parents declaration. Please let me know whether he can legally refuse to operate, or if he can eliminate to operate due to personal reasons. She is at an age right now where she does not realize that her finding now will not be benefitial to her in the long run.
Answers:
Has it occur to you to ask yourself how you would feel if your family and a surgeon forced you to undergo a sore surgical procedure that you didn't require, and didn't want? It isn't like your sister is 3 years old. She is 15, and fully capable of participating surrounded by any decisions that affect her personal body. She has far more right to do that than either you or her mother. The doctor is correct to require compliance from his forgiving, and the only circumstance that would allow for parental rights to override your sister's personal rights would be in a life or disappearance situation. And don't forget that there are risks involved with any surgical procedure and with anesthesia, including passing. Doesn't your sister have the right to decide for herself whether or not to accept those risks? Source(s): RN
A doctor is not lawfully obliged to perform optional surgery. While it may be surrounded by her best interest, it's not life or death whether she has this operation, and your mother have no legal right to force the doctor to perform an operation he is no morally comfortable performing.
You also might want to consider how traumatic being forced to own an operation is for your sister... especially an operation that you've already stated will only delay another, much more serious operation. Have you ever thought that maybe she would simply prefer to constraint the number of surgeries she has to endure? Any time you're anesthetized, you run the risk of death or post-op complications. That doesn't sit all right with many people.
Yes, a doctor can legally impose sanctions to operate, as it is not a life-or-death situation. They can do it because of medical or personal reasons. For example: a lot of doctors refuse to contribute abortions even if their hospital covers it, they simply refer the patient to someone who will. A lot of doctors will refuse to operate on teens against their wishes. Although they are not adults, and might not realize all the consequences, but they can meditate and make decisions for themselves. At the same time, teens can come surrounded by for birth control and prenatal care without telling their parents.
To be honest, I am more worried going on for you than I am about your sister's decision. The doctor has done what he should do, and recommended a procedure, hopefully next to the fors and againsts. Your sister may be only 15, but that is still an age at which one can contribute to a decision, and the doctor, at least possible, is prepared to respect that decision. If I were in that doctor's position I expect I would nick exactly the same line. Under those circumstances why do you feel it is so high-status that you should involve yourself in a process which has nothing to do near you? I suggest you look after your own problems and leave your sister to sort out hers. Source(s): 38 years in medicine
Like the other posters, I agree that performing surgery on a 15-year-old against her own wishes would be defensible singular if the surgery is needed to save her life. This does not fall lower than that heading. She is a minor, but she is certainly capable of understanding what the surgery involves and of giving her own consent. FYI, when we are doing studies, we must ask for consent from minors as young-looking as 7.
Look at what the doctor is doing by assuring your sister that he will not perform surgery without her consent--he is establishing trust with his tolerant. It is far more likely that she will consider listening to the possible benefits of this surgery from a doctor she trusts than she would otherwise.
Doctors have an condition to act in their patient's best interest, but you have to look at the total picture. Her best interests include more than just her medical condition. It is not his own personal reason he is using for grounds to refuse the surgery; it's hers and she have the right to have a say in what happen to her body. You, too, need to accept that. Your sister probably remembers very ably what her previous surgeries were like--orthopedic surgery can be very painful and run a long time for recovery. I doubt she is refusing out of petulance.
I am going to encourage you to consult to your sister about what she is thinking and feeling about this, but singular if you can listen to what she says and not just tell her she's making the wrong outcome. Try and understand where she's coming from. Medical decisions are on the odd occasion black-and-white. Maybe she will eventually decide to have the surgery and maybe not, but any way, no one should be coercing her. Source(s): Pediatrician.
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Answers:
Has it occur to you to ask yourself how you would feel if your family and a surgeon forced you to undergo a sore surgical procedure that you didn't require, and didn't want? It isn't like your sister is 3 years old. She is 15, and fully capable of participating surrounded by any decisions that affect her personal body. She has far more right to do that than either you or her mother. The doctor is correct to require compliance from his forgiving, and the only circumstance that would allow for parental rights to override your sister's personal rights would be in a life or disappearance situation. And don't forget that there are risks involved with any surgical procedure and with anesthesia, including passing. Doesn't your sister have the right to decide for herself whether or not to accept those risks? Source(s): RN
A doctor is not lawfully obliged to perform optional surgery. While it may be surrounded by her best interest, it's not life or death whether she has this operation, and your mother have no legal right to force the doctor to perform an operation he is no morally comfortable performing.
You also might want to consider how traumatic being forced to own an operation is for your sister... especially an operation that you've already stated will only delay another, much more serious operation. Have you ever thought that maybe she would simply prefer to constraint the number of surgeries she has to endure? Any time you're anesthetized, you run the risk of death or post-op complications. That doesn't sit all right with many people.
Yes, a doctor can legally impose sanctions to operate, as it is not a life-or-death situation. They can do it because of medical or personal reasons. For example: a lot of doctors refuse to contribute abortions even if their hospital covers it, they simply refer the patient to someone who will. A lot of doctors will refuse to operate on teens against their wishes. Although they are not adults, and might not realize all the consequences, but they can meditate and make decisions for themselves. At the same time, teens can come surrounded by for birth control and prenatal care without telling their parents.
To be honest, I am more worried going on for you than I am about your sister's decision. The doctor has done what he should do, and recommended a procedure, hopefully next to the fors and againsts. Your sister may be only 15, but that is still an age at which one can contribute to a decision, and the doctor, at least possible, is prepared to respect that decision. If I were in that doctor's position I expect I would nick exactly the same line. Under those circumstances why do you feel it is so high-status that you should involve yourself in a process which has nothing to do near you? I suggest you look after your own problems and leave your sister to sort out hers. Source(s): 38 years in medicine
Like the other posters, I agree that performing surgery on a 15-year-old against her own wishes would be defensible singular if the surgery is needed to save her life. This does not fall lower than that heading. She is a minor, but she is certainly capable of understanding what the surgery involves and of giving her own consent. FYI, when we are doing studies, we must ask for consent from minors as young-looking as 7.
Look at what the doctor is doing by assuring your sister that he will not perform surgery without her consent--he is establishing trust with his tolerant. It is far more likely that she will consider listening to the possible benefits of this surgery from a doctor she trusts than she would otherwise.
Doctors have an condition to act in their patient's best interest, but you have to look at the total picture. Her best interests include more than just her medical condition. It is not his own personal reason he is using for grounds to refuse the surgery; it's hers and she have the right to have a say in what happen to her body. You, too, need to accept that. Your sister probably remembers very ably what her previous surgeries were like--orthopedic surgery can be very painful and run a long time for recovery. I doubt she is refusing out of petulance.
I am going to encourage you to consult to your sister about what she is thinking and feeling about this, but singular if you can listen to what she says and not just tell her she's making the wrong outcome. Try and understand where she's coming from. Medical decisions are on the odd occasion black-and-white. Maybe she will eventually decide to have the surgery and maybe not, but any way, no one should be coercing her. Source(s): Pediatrician.
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