Parental Rights, Best Interests and Significant Harms

Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard

By: Cressida Auckland (Editor), Jonathan Herring (Editor), Dr Imogen Goold (Editor)

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Hardcover | 28 November 2019

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Hardcover
256 Pages

Dimensions(cm)
29.4 x 23.0 x 1.8

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The question of whether and how decisions are made in respect of a child's medical treatment has become a matter of significant public controversy following the highly publicised cases of Charlie Gard (Great Ormond Street Hospital v Yates 2017]) and Alfie Evans (Alder Hey Children's NHS Foundation Trust v Evans et al 2018]). In light of this background, this timely collection brings together commentators from law, medical ethics and clinical medicine, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide 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 is appropriate to adopt the 'risk of significant harm' approach proposed in Yates. Moreover, it explores the respective roles of parents, doctors and the courts and the possible risks of inappropriate state intrusion in parental decision-making, and how we might address them.

Industry Reviews

In this important collection, the editors bring together a range of perspectives, including clinical, legal and philosophical, with a view to informing the debate as to whether the law should change. Crucially, it is a book that has a real chance of informing that debate because of the way in which the editors have approached their task. * Mental Capacity Law and Policy Blog *

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