Health and guardianship law : the decision of X v the Sydney Children's Hospitals Network [2013] NSWCA 320 : mature minors and the refusal of blood products
Data(s) |
01/12/2013
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Resumo |
This recent decision of the New South Wales Court of Appeal considers the scope of the parens patriae jurisdiction in cases where the jurisdiction is invoked for the protection of a Gillick competent minor. As outlined below, in certain circumstances the law recognises that mature minors are able to make their own decisions concerning medical treatment. However, there have been a number of Commonwealth decisions which have addressed the issue of whether mature minors are able to refuse medical procedures in circumstances where refusal will result in the minor dying. Ultimately, this case confirms that the minor does not necessarily have a right to make autonomous decisions; the minor’s right to exercise his or her autonomous decision only exists when such decision accords with what is deemed to be in his or her best interests. |
Formato |
application/pdf |
Identificador | |
Publicador |
Lawbook Co. (Thomson Reuters) |
Relação |
http://eprints.qut.edu.au/66793/5/66793.pdf http://www.thomsonreuters.com.au/the-queensland-lawyer-parts/productdetail/19424 Smith, Malcolm K. (2013) Health and guardianship law : the decision of X v the Sydney Children's Hospitals Network [2013] NSWCA 320 : mature minors and the refusal of blood products. The Queensland Lawyer, 33(4), pp. 238-242. |
Direitos |
Copyright 2013 Lawbook Co. (Thomson Reuters) |
Fonte |
Faculty of Law; Australian Centre for Health Law Research; School of Law |
Palavras-Chave | #189999 Law and Legal Studies not elsewhere classified #Minors and consent to treatment #refusal of medical treatment #refusal of blood #minors' refusal #medical law |
Tipo |
Journal Article |