CONS OF MEDICAL EMANCIPATION
Maturity ANd Competence
The maturity and competence of a minor makes them ineligible to be able to be medically emancipated. According to Kathryn Hickey, BA, RN, “Young children lack experience, judgment, and cognitive ability to be self-governing in all matters” (Hickey). Many states and courts have rarely ever allowed children younger than 12 years old to make medical decisions. Minors do not have as much experience and do not have as much knowledge as their parents do to make decisions for themselves. Maturity simply cannot be determined by age, but they can be considered immature because of their lack of experience. The minor would have to be self-sufficient. As a result, the minor would have to be able to handle their own finances and pay their medical bills (Nyquist). In addition, according to the article, "The minor should have the ability to understand the purpose of treatments, risks, both long- and short- term consequences, benefits, and alternatives to treatments" (Hickey). Minors would not be able to understand the outcome of their actions (if given to them) because they lack the moral responsibility, judgment, and experience. Most minors do not have the capability to understand the effects of the choices that they make.
Morals and Ethics
There are many controversial morals and ethics behind medical emancipation of minors. According to the Kathryn Hickey, BA, RN, "In 1976, several U.S. Supreme Court cases began stating "mature minors" were given permission to seek abortion without parental consent or notification" (Hickey). How would a parent feel not knowing that their child was pregnant and sought to get an abortion? Parents usually like to know what is happening to their child and would want to help their child when they are in need. Other controversial cases have also evolved including minors trying to seek treatment for substance abuses, sexually transmitted diseases, and contraception. According to Dr. Stacey Berg, a professor of pediatrics and medical ethics at Baylor College of Medicine, says, “…medical professionals ultimately try to look out for a child’s best interest” (Leonard). Another Principle of Bioethics is presented. Healthcare professionals practice the principle of beneficence when they are doing what is in the child’s best interest. Doctors will do their best and do what will help their patient. Being medically emancipated to not have a recommended procedure done can ultimately harm the minor in the future rather than benefit them.
Legal barriers
Legal barriers will make being medically emancipated a difficult and extensive process. Informed consent and the right to refuse treatment are protected by the constitutional right to privacy (Hickey). “Informed consent arises from the law of battery in that the patient has a right to be free from unconsented touching of their person” (Hickey). Instead of having the minor’s parents making decisions for them, the minor can obtain a “surrogate parent/guardian.” “A parent or guardian acting as a surrogate provides informed permission for medical treatment may not be on a deeper emotional connection” (Diekema). The surrogate parent may not know the child as well as the minor’s actual parents do. Obtaining a surrogate parent also requires paperwork and usually requires a court hearing. Usually, the court will appoint the minor a guardian ad litem. A guardian ad litem will observe the minor’s life, talk to their parents, and decide what is best for the minor in the court hearing (Picoult). The guardian ad litem will have no personal connection with the minor or their family so the guardian ad litem’s decision will be based solely on what he or she observes. Why would a minor want to go through all the legal paperwork and court hearings just to make medical decisions for themselves when they have other options available?
More links...
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&ved=0ahUKEwi4wOX1mIrNAhUQOlIKHbqOCzAQjhwIAw&url=http%3A%2F%2Ffamilyplanning.uchicago.edu%2Fpolicy%2Fpublications-resources%2FTeen%2520Knowledge%2520of%2520Minor%2520Consent%2520Laws.pdf&psig=AFQjCNHCuhhPyKWclopDAftC41VfPpNs7g&ust=1464986163069930&cad=rjt
http://www.npr.org/sections/health-shots/2015/01/09/376122022/are-teenagers-capable-of-making-life-or-death-decisions
http://www.npr.org/sections/health-shots/2015/01/09/376122022/are-teenagers-capable-of-making-life-or-death-decisions