The Charlie Gard case: British and American approaches to court resolution of disputes over medical decisions

Paris, Julien; Ahluwalia, Jag; Cummings, Brian; Moreland, Michael P.; Wilkinson, Dominic

doi:10.1038/jp.2017.138

Cited by 24 publications

(7 citation statements)

References 19 publications

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“…We speculate population and medical healthcare structure (public vs. private) differences are two relevant factors for the limited number of cases arising in Australia compared to the UK or the United States. 60 Parents requesting novel treatments where there is limited scientific plausibility…”

Section: Parents Requesting Non-recommended Alternative or Complement...mentioning

confidence: 99%

Defining the role of facilitated mediation in medical treatment decision-making for critically ill children in the Australian clinical context

2022

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In this article, we explore alternative conflict resolution strategies to assist families and clinicians in cases of intractable dissent in paediatric health care decision-making. We focus on the ethical and legal landscape using cases from the Australian jurisdiction in New South Wales, while referencing some global sentinel cases. We highlight a range of alternative means of addressing conflict, including clinical ethics support, and contrast and contextualise facilitative or interest-based mediation, concluding that legal intervention via the courts can be protracted and distressing and should be a ‘last resort’. We acknowledge many might view this as the current status quo, but we go further to recommend strategies optimal for all parties to recognise early signs of conflict and prevent its harmful escalation. While more empirical research is needed, we contend that interest-based mediation may be a valuable adjunctive method of conflict resolution. If judiciously distinguished from and utilised with clinical ethical support, it can be an effective tool to address dissent and its negative sequelae in paediatric healthcare decision-making.

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Section: Parents Requesting Non-recommended Alternative or Complement...mentioning

confidence: 99%

Defining the role of facilitated mediation in medical treatment decision-making for critically ill children in the Australian clinical context

2022

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“…The UNCRC was ratified by the entire UK in 1991 and fully adopted by the Welsh assembly in 2004, meaning government and bodies need at least to create legislation pertinent to children mindful of the UNCRC. Parents usually consent to their child's treatment, but the extent to which they can override/determine clinical decision‐making – supported by international second opinions, is one of the great contemporary controversies in paediatrics (Paris et al , ).…”

Section: Decision‐makingmentioning

confidence: 99%

Challenges in managing parental expectations in paediatric care

Pré

Brierley

2018

Br J Haematol

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Given the recent number of controversial cases featured in the media, it is timely to consider the management of parental expectations in paediatric care. What is sadly overlooked in the controversy is the usual excellent working relationship formed by treating child health professionals, parents (those with parental responsibility) and children themselves in tackling really tough situations. We are able to do more and more to tackle previously deadly diseases, and yet the burden of our treatments is undeniably higher. At the same time, social changes and ready access to information have led to a necessary reduction in medical paternalism, and more empowered and knowledgeable patients. We review how things have become very challenging in this arena in the UK over the last decades, and consider the issues surrounding disagreements and conflict. On the background of population shifts, religious diversity and populism, parental expectations now vary dramatically given the same situation. The challenge is still met by communicating, listening with empathy but finally by adhering to the basic tenet of Article 3 of the UN Convention of the Rights of the Child -'The best interests of children must be the primary concern in making decisions that may affect them.'

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“…As we noted in an earlier article, British and American approaches to these questions are widely divergent. 4 The British have a more unified system for setting standards than prevails in the USA where 50 independent state legislatures and judicial systems as well as Congress and a federal judiciary set standards. In Britain, cases of great importance are heard in the High Court whose 108 members are appointed by the Crown from among the most respected lawyers in the England and Wales.…”

Section: Differing Standards In British and American Courtsmentioning

confidence: 99%

Approaches to parental demand for non-established medical treatment: reflections on the Charlie Gard case

et al. 2018

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The opinion of Mr. Justice Francis of the English High Court which denied the parents of Charlie Gard, who had been born with an extremely rare mutation of a genetic disease, the right to take their child to the United States for a proposed experimental treatment occasioned world wide attention including that of the Pope, President Trump, and the US Congress. The case raise anew a debate as old as the foundation of Western medicine on who should decide and on what standard when there is a conflict between a family and the treating physicians over a possible treatment. This paper will explore the different approaches of the British and American courts on the issue and the various proposals from that of John Rawls in his A Theory of Justice to a processed-based approach for resolving such disputes.

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The Charlie Gard case: British and American approaches to court resolution of disputes over medical decisions

Cited by 24 publications

References 19 publications

Defining the role of facilitated mediation in medical treatment decision-making for critically ill children in the Australian clinical context

Defining the role of facilitated mediation in medical treatment decision-making for critically ill children in the Australian clinical context

Challenges in managing parental expectations in paediatric care

Approaches to parental demand for non-established medical treatment: reflections on the Charlie Gard case

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