Competent Paediatric Patients and Refusals of Medical Treatment
Research type
Research Study
Full title
An Investigation into the Issues Surrounding Competent Paediatric Patients, Their Consent and Refusals of Therapeutic Medical Treatment’.
IRAS ID
238834
Contact name
Jane Bryan
Contact email
Sponsor organisation
University of Warwick
Duration of Study in the UK
1 years, 0 months, 1 days
Research summary
An investigation into how the law of consent is applied in medical practice, and the issues competent paediatric patients encounter when refusing therapeutic medical treatment.
There is yet to be a legal judgement that recognises a paediatric patient as having the competency to refuse medical treatment. The law of consent presumes children under 16 are incompetent to make decisions about their health care. The law acknowledges that there are exceptions to this general rule, and provides legal guidance which enable competent paediatric patients to lawfully consent to medical treatment. However, with regards to refusing medical treatment, the judiciary have developed an impossibly high standard of competency Therefore, mature paediatric patients can consent to, but not refuse, medical treatment. However, non-academic literature and anecdotal accounts illustrate that mature paediatric patients do refuse treatment in practice.
This research investigates how the law of consent is applied in practice, how mature paediatric patients understand their ability to refuse medical treatment, and what issues paediatric patient encounter when making their health care decisions. To achieve this, this study will audio record consultations between patients, consultants and their parents during a discussion of a proposed treatment. This will be a longitudinal study designed to observe the process of consent and/or a refusal of therapeutic medical treatment from its beginning to its conclusion. This study will take place in outpatient clinics. Eligible patients will be between 8-18 years of age and able to provide informed consent. Informed consent will also be obtained from the parents and consultants.
This study will conduct semi-structured interviews with health care professionals. Eligible participants are nurses and consultants with at least one years’ experience working in paediatric medicine. The interviews will be audio recorded. Informed consent will be obtained from all the participants prior to the interview.
REC name
South West - Cornwall & Plymouth Research Ethics Committee
REC reference
18/SW/0007
Date of REC Opinion
25 Jan 2018
REC opinion
Further Information Favourable Opinion