The Effects of Introducing a Harm Threshold for Medical Treatment Decisions for Children in the Courts of England & amp; Wales: An (Inter)National Case Law Analysis

This article directly addresses these gaps, by first analysing reported cases in England& Wales about medical treatment in the context of a S31 order, thus using a harm threshold for triage and second comparing court decisions about medical treatment for children in England& Wales based on the best interest test with Dutch and German case law using a harm threshold. The investigation found that whilst no substantial increase of parental discretion can be expected an introduction of a harm threshold for triage would change litigation. In particular, cases in which harm is limited, currently only heard when there are concerns about parental decision-making, may be denied a court hearing as might cases in which the child has lost their capacity to suffer. Applying a harm threshold for triage in decisions about withholding or withdrawing life-sustaining treatment might lead to a continuation of medical treatment that could be considered futile.
Source: Health Care Analysis - Category: Health Management Source Type: research