Charlie's Law: Clarifying the Legal Standard to be Used in Medical Decision Making for Children

Sargent, Sarah (2019) Charlie's Law: Clarifying the Legal Standard to be Used in Medical Decision Making for Children. In: Medical Futility in Paediatrics: Interdisciplinary and International Perspectives. Trivent Publishing, Budapest. ISBN 978-615-81353-0-6

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Abstract

The case of Charlie Gard highlights an area of law which is in critical need of reform and clarification: which legal standard should be applied in medical decision-making situations for children, when there is an effort to override the wishes of the parents. Charlie’s Law would make clear the threshold is that of “significant harm” and not of “best interests,” ensuring more protection for parental wishes and reducing needless interference, amounting to an exercise of arbitrary paternalism, from medical treaters and courts. This chapter explores the significance and benefits of clearly establishing the “significant harm” threshold.

Item Type: Book Section
Uncontrolled Keywords: medical decision-making, children, Charlie’s Law, parents
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Divisions: School of Law
Depositing User: Sarah Sargent
Date Deposited: 01 Nov 2019 15:43
Last Modified: 01 Nov 2019 15:43
URI: http://bear.buckingham.ac.uk/id/eprint/407

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