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When is it in a child’s best interests to withhold or withdraw life-sustaining treatment? An evolving Australian jurisprudence

journal contribution
posted on 2018-06-30, 00:00 authored by L Willmott, B White, Neera BhatiaNeera Bhatia
Decisions about whether to withdraw or withhold life-sustaining medical
treatment from children give rise to complex and value-laden judgments. While recourse to the courts is uncommon, judicial decisions provide an important source of guidance for the children (where they can participate), families and health and medical professionals involved in these decisions. Yet, there has been remarkably little consideration of the Australian jurisprudence on this issue. This article addresses that gap by undertaking the first comprehensive analysis of all publicly available Australian cases that consider whether or not it is in a child’s best interests to receive life-sustaining treatment. A total of 25 cases were located and the judicial consideration of best interests was
thematically analysed. Key considerations (to varying degrees) when assessing best interests included the likelihood of treatment curing or improving the child’s health, medical views about diagnosis, prognosis and treatment and the child’s and parents’ views and wishes. The article concludes that the law requires greater certainty and transparency in decision-making. Given the significance of these cases, judgments should describe the factors that the
court considers relevant and important, and those that are less influential, as well as the weight ascribed to those various factors and the reasoning that underpins an assessment that treatment is or is not in a child’s best interests.

History

Journal

Journal of law and medicine

Volume

25

Issue

4

Pagination

944 - 972

Publisher

Thomson Reuters

Location

New York, N.Y.

ISSN

1320-159X

Language

eng

Publication classification

C1 Refereed article in a scholarly journal; C Journal article

Copyright notice

[2018, Thomson Reuters]