Critically Ill Children and the Law: Medical Decision-Making and the Best Interests Principle

The book explores the theoretical foundations of the best interests principle, alternatives offered in the academic literature, and its application in practice in England and Wales, Australia, and New Zealand. It provides a human-rights-based approach to decision-making and offers practical guidance to legal and medical practitioners.

Format: Hardback
Length: 242 pages
Publication date: 12 December 2023
Publisher: Taylor & Francis Ltd

A recent surge of high-profile court cases has brought to light the inadequacy of current laws in addressing the complex issues surrounding medical treatment decisions for seriously ill children. The challenges involved in determining that life-sustaining medical treatment is not in the best interests of a young child have sparked widespread criticism of the best interests principle, which is widely accepted as the guiding framework in such cases. This book aims to delve into the theoretical foundations of the best interests principle, explore alternative perspectives offered in the academic literature, and provide readers with a comprehensive understanding of why the principle remains contentious despite its widespread prevalence.

The book begins by providing a theoretical background that contextualizes the principle within the legal and ethical frameworks. It explores the historical development of the best interests principle and examines the various arguments that have been made in its favor and against it. This theoretical foundation serves as a solid foundation for the subsequent chapters, which examine the application of the best interests principle in practice.

Chapter 2 delves into what occurs in practice when applying the best interests principle to medical treatment decisions for seriously ill children. It explores the challenges faced by healthcare professionals, legal practitioners, and families in navigating the complex web of ethical, legal, and social considerations. Through a review of case law and qualitative research with paediatric doctors, the chapter provides insights into how the principle is applied in different jurisdictions.

Chapter 3 proposes a novel approach to addressing the challenges associated with applying the best interests principle. It advocates for a human-rights-based approach that ensures that the focus remains on upholding the child's best interests while also providing a more comprehensive explanation of the situation. This approach recognizes the child's autonomy and dignity while also taking into account the broader

Chapter 4 examines the application of the best interests principle in practice in England and Wales, Australia, and New Zealand through a review of case law and qualitative research with paediatric doctors. The chapter highlights the differences in legal frameworks.

Chapter 5 concludes the book by summarizing the key findings and offering practical guidance.

This book is a valuable resource for academics, researchers, and policy-makers who are interested in advancing the debate around end-of-life decision-making and children. It provides a comprehensive exploration of the theoretical foundations of the best interests principle, alternative perspectives, and practical guidance to both legal and medical practitioners in managing disputes about the provision of life-sustaining treatment. By examining the challenges and complexities involved in these cases, the book aims to contribute to the ongoing efforts to improve the care and support for seriously ill children and their families.

Weight: 621g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032537474