Case Study 2-Ethics
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Dec 6, 2023
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Uploaded by savannahstewart2
Running head: CASE STUDY 2
1
Ethics, Disagreement, and Medically Treating Children
Savannah Stewart
Texas Tech University Health Sciences Center
HPHA 5302
CASE STUDY 2
2
Ethics, Disagreement, and Medically Treating Children
The textbook describes many different types of medicine, including alternative and
complementary medicine, compared to traditional western medicine. This can include things
from chiropractic medicine, acupuncture, faith based healing, eastern medicines, etc. Many
Americans use complementary medicine alongside traditional medicine and has shown to be
beneficial (Weiss & Copleton, 2021). As Americans we have the right to choose the type of care
we receive, but when these beliefs involve critically ill children, there comes a point when
ethical and legal decisions need to be made. As adults, we have the right to make decisions
regarding our medical care and appoint other to make decisions for us when we can no longer
make decisions for ourselves. However, children are usually not able to make these complex
medical decisions for themselves, so this responsibility falls to the parents. In most cases, parents
care the most for their children and can decide what is best for them, but when decisions of
parents stand in the way of life-threatening circumstance or critical illness, legal action can and
should be taken (Black, 2006).
Parents have a legal obligation to make decisions that keep their child from harm, but at
what point do their choices indicate they are unable to make decisions in their child’s medical
care? Generally, there are two reasons why a parent may choose not to allow their child to
receive traditional medical care—religious beliefs and non-religion related reasons. Religious
objections are more of a gray area, in my opinion. Refusing certain treatments and medical care
due to religious beliefs have long withheld standings in the Supreme Court. Because freedom of
religion is part of the First Amendment, it is more likely that these objections will be accepted by
the courts. In the
Newmark v. Williams
case, a child was diagnosed with lymphoma with a 40
percent survival rate and the parents elected not to seek medical care in favor of religious
CASE STUDY 2
3
healing. This belief was challenged and was then determined that the parents were within their
rights because of their religious beliefs and the child’s chance of survival (Black, 2006). In my
opinion, I don’t necessarily think legal action should be taken against parents in circumstances of
religious objections (in most cases).
The other type of reason a parent may refuse typical care is for non-religious reasons.
This could include things like fear or risks, overall neglect, and other things that could cause
harm to the child if treatment is not received. Non-religious cases are more easily overturned by
the courts compared to religious cases (Black, 2006). The state can and should intervene in
situations where a parents denies a critically ill child life-saving care. In some cases, refusing
life-saving care can be considered neglect and criminal charges can be pressed on the parent(s).
If convicted, this could mean fines, probation, mandatory parenting classes, and even prison
time. Visitation access can be lost or reduced. In extreme cases, custody can also be lost
temporarily or even permanently. I agree with these state interventions and think if a child needs
life-saving measures, but their parents deny them of this care, legal action should be taken
(Goldstein, 2021).
Alternative medicine can be helpful in some cases, but I do not think it should be the only
mode of treatment for critically ill children. Medical providers should try to educate the patient
and/or parents and keep everyone updated on the treatment plan. Overall, I do think parents need
to be held accountable legally for their choices, especially when their child requiring life-saving
care. However, I do think it should be handled on a case by case basis, and religious objections
should be handled wearily.
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CASE STUDY 2
4
References
Black, L. (2006). Limiting parents' rights in medical decision making.
AMA Journal of Ethics
,
8
(10), 676–680.
https://doi.org/10.1001/virtualmentor.2006.8.10.hlaw1-0610
.
Goldstein, S. (2021, January 29).
When can parents deny medical care to children - lawinfo
.
Insurance Law. Retrieved September 18, 2022, from
https://www.lawinfo.com/resources/insurance/health-insurance/when-can-a-parent-deny-
medical-treatment-to-a.html
Weiss, G. L., & Copelton, D. A. (2021).
The sociology of Health, healing, and illness
(10th ed.).
Routledge.