Today's Most Popular Video
May 21, 2009 11:24 pm US/Central
Good Question: Can A Doctor Force Treatment?
(WCCO)
A court order that a 13-year-old boy must undergo chemotherapy against his and his parents' wishes, has some wondering about the practical ramifications of that ruling. Can a doctor force a patient to undergo medical treatment?
It's a question 11-year-old Holden Platt said he's been thinking about.
"Chemotherapy is kinda scary and [Daniel Hauser] has a lot of pressure on him," said Platt from his classroom at Barton Open School in Minneapolis.
Bioethicist Dr. Steven Miles said that he doesn't expect the situation to escalate to that point.
"Typically these situations deescalate rapidly," said Miles.
He said a doctor would not put someone in restraints, unless they were in imminent danger to themselves or to others.
"Perhaps drugs will be used, not to restrain the kid with chemicals, but to decrease the child's anxiety," said Miles.
The medical community spends time trying to avoid a dramatic face-off inside a hospital.
"There are special foster homes, which specialize in the care of medical needy kids. These foster homes have special expertise in working with children," he explained.
When it comes to adults, though, Miles said the ethical and legal rules are quite clear. Doctors cannot impose their prescriptions or suggestions on patients, unless they are putting others in danger. People have the right to decline treatment, even if that results in death.
"In fact, 90 percent of deaths in the United States proceed after a decision is made to withdraw or withhold life sustaining treatment," he said.
That includes signing a "do not resuscitate order" or refusing chemotherapy.
In all, about 1.9 million Americans die every year, after declining treatment, according to Miles.
Children, however, are different.
"Children have needs for medical care until they can make decisions," he explained.
Under the child neglect laws, parents have an obligation to provide medical care.
There's a two-pronged test to determine whether a person is old enough to make decisions.
The first is age, and in Minnesota, 18 is the age where a young person is considered an adult. The second is ability.
In the case of Daniel Hauser, "he didn't know what being an elder in church was. He didn't know what being a medicine man was. He didn't know the basic facts of his disease. He couldn't even read," said Miles.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
Swimsuit Cover Model Forgot To Wear Top
Click to enlarge
Pawlenty: Double Sentences For Some Sex Offenders 1 hr 11 mins ago
Stumble It!
Reporting
