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Withholding Or Withdrawing Life Sustaining Treatment In Children. Considerations On The Legal Framework In Romania

Author

Listed:
  • Silvia DUMITRAS

    (Postdoctoral researcher, Center for Ethics and Health Policies Iasi; „Gr. T. Popa” University of Medicine and Pharmacy, Iasi)

  • Catalin J. IOV

    ("Gr. T. Popa” University of Medicine and Pharmacy, Iasi; TRIAS Microelectronics, Iasi; associate lecturer, Constanta Maritime University, Romania)

  • Beatrice IOAN

    (Assoc. Prof. Dr., „Gr. T. Popa” University of Medicine and Pharmacy, Iasi; MD, Ph.D., MA in Bioethics, Institute of Forensic Medicine, Iasi, Romania)

Abstract

Medical decision-making process, especially for terminal patients, must be balanced and relevant from the medical, ethical, psychological, social, cultural and religious, as well as legal points of view. Still, there should be certain limits imposed by the best interests of the patient and respecting his/her dignity, the medical act being considered based on the notions of "beneficence" and "futility". The decision to withheld or withdraw support treatment is more a problem of consensus (the medical teamparents/legal representative) than an individual decision. Considering the moral complexity of the paediatric patient, the bioethical principals must be more specific and subtle. The parents' autonomy regarding the withdrawal of the medical treatment, as well as the responsibility of the medical teams in situations where non-treatment represents the only alternative in the best interest of the patient are aspects that require legal analysis and regulations. In the absence of a legal framework and clear protocols in paediatrics, the entire responsibility for the medical decisions concerning the end of life for terminal paediatric patients is transferred to the parents and to the medical team.

Suggested Citation

  • Silvia DUMITRAS & Catalin J. IOV & Beatrice IOAN, 2012. "Withholding Or Withdrawing Life Sustaining Treatment In Children. Considerations On The Legal Framework In Romania," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 3, pages 163-179, December.
    • Handle: RePEc:lum:rev4rl:v:3-4:y:2012:i::p:163-179
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    Keywords

    medical decision; terminal patient; child; futile treatment; law; ethics;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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