Kennedy what is a medical decision




















The arrangement can only be used at Kennedy Krieger Institute. For patients receiving mental health treatment and needing a surrogate decision maker — In the absence of explicit Maryland legal guidance concerning surrogate decision making for mental health treatment for individuals with intellectual, developmental, or other significant cognitive disabilities, Kennedy Krieger Institute supports such authorization in appropriate circumstances.

One of the following people listed in order of legal preference may be assigned as a surrogate:. Adult guardianship applies when a patient cannot make healthcare decisions, and other less restrictive options are not available.

There are different types of guardianship, and they all involve going to court. For assistance, please contact the Care Management Office, at , or the Social Work Department, at Visit marylandattorneygeneral. About Us Open. View All Results Close search. Consent for Treatment. Adult Consent Adults i.

Before they can give consent, they must understand: What the care will be, and The risks and benefits of options available. If an adult cannot make these decisions on his or her own, there are a few ways he or she can get help: An individual may make an advance directive for healthcare or mental health treatment. A surrogate decision-maker for healthcare can be assigned. A guardian of the person may be appointed by a judge. Advance Directive for Healthcare or Mental Health Treatment In an advance directive for healthcare or mental health treatment, the adult may name a trusted person—known as a healthcare agent—who can have immediate power to make medical decisions or when a doctor determines that the adult cannot make a decision.

Illich , p. Crossley Campbell Katz a , p. Katz b , p. Katz a. Kennedy a , p. Emphasis in original. Kennedy b , pp. Kennedy b , p. Kennedy c , p. Kennedy a , a , p. The latter reference is the transcript of a lecture given in Cambridge. Anon , p. Chorlton , p. Dean ; Rose ; Perkin , pp. Niskanen Lawson , pp. Lawson , p. Cruickshank , p. Black , p.

Little , p. Thomas , p. Robertson ; Anon Wilson Warnock , p. This inspectorate was established as the Human Fertilization and Embryology Authority in Griffiths , p. Klein , pp. Gillon , p. Anon b , p. Anon a , p. Lewis ; Lock Kennedy b. O'Neill This frustration was evident in an updated version of his Modern Law Review article; see Kennedy d.

Charlton , p. Horton , p. O'Neill a. Horton ; Santry Santry Dawson , p. See also Ashcroft Cameron O'Neill a , p. Salter b.

Dean , p. Carvel Rosenberg , p. O'Neill b ; Dawson Turner , p. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Sign In or Create an Account. Sign In. Advanced Search. Search Menu. Article Navigation. Close mobile search navigation Article Navigation. Volume Article Contents Summary. From Paternalism to Patient Empowerment. Who Guards the Guardians? If it was right to provide treatment three months ago, last week, yesterday, why is it wrong to provide it tomorrow?

There are no simple answers to such questions, nor perhaps are there right answers and wrong answers. But where disputes cannot be resolved in any other way, the courts have to act as the final arbiter, an individual judge making a decision on a particular day based on the evidence presented at that time. My view is that switching to a threshold of significant harm would not make any material difference to the judgments made by the courts: doctors tend not to refer disputes to the court unless they have strongly held views that continuing treatment, or failing to provide it, would be completely contrary to their duties to the child.

Even if there is no change to the approach the courts take, either because proposed legislation is not implemented, or because in practice such legislation may not materially alter the judgements reached, the cases discussed in this volume will have an impact. For example:. It seems likely that health professionals will seek external assistance to resolve disputes at an earlier stage, perhaps using alternative methods such as mediation or the involvement of clinical ethics committees.

It is possible that non-means-tested legal aid will be introduced for parents involved in court proceedings concerning medical treatment disputes. Decisions whether to start providing life-sustaining treatment in the context of untreatable degenerative conditions may be taken more carefully.

If experimental therapies are proposed, those offering them will be invited to obtain full information about the patient before expressing an opinion, and intervention will be pursued more swiftly where the child has a degenerative condition. The chapters in this volume are an important contribution to that objective, and to the wider debates generated by the cases of Charlie Gard and Alfie Evans. Back to Search Go to Page. Go Pages Front matter unlocked item Foreword.

Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5. Chapter 6.



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