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Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard

Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard

Author: Imogen Goold; Jonathan Herring; Cressida Auckland
Publisher: Hart Publishing
ISBN: 9781509952182

Published In: June 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509924899

List Price: HKD 454.87

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This timely collection brings together philosophical, legal and sociological perspectives on the crucial question of who should make decisions about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it would be more appropriate to adopt the 'risk of significant harm' approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.

1. Setting the Scene – Supporting and Informing Shared Decision-Making at the Bedside: Avoiding and De-escalating Conflict between Clinicians and Families

Emily Harrop

2. Evaluating 'Best Interests' as a Threshold for Judicial Intervention in Medical Decision-Making on Behalf of Children

Imogen Goold

3. Parental Decisions and Court Jurisdiction: Best Interests or Significant Harm?

Rachel Taylor

4. The Legal Basis of the Court's Jurisdiction to Authorise Medical Treatment of Children

Rob George

5. In Defence of a Conditional Harm Threshold Test for Paediatric Decision-Making

Dominic Wilkinson

6. The Harm Threshold: A View from the Clinic

Giles Birchley

7. Beyond Best Interests: A Question of Professional Conscience?