BENEFITS OF MEDICAL EMANCIPATION
IS IT ETHICAL?
Whether or not it is necessary to undergo a certain procedure should be left up to the person facing the trouble, as stated by the medical bioethical concept of respect for autonomy. Under this concept, the wishes of the patient are to be respected, even if a medical professional disagrees with the choice. As long as the patient is deemed to be in their right mind, the respect for autonomy protects them from the unintentional, or even intentional, maleficence of others; but why do children not deserve this right? Some parents' judgement may be clouded by their wish for the life of their child. Under this, sometimes the ethical question of non-maleficence may also be questioned. Without thinking about the child's mental health, sometimes what others think are in the child's best interest are often hurting them more than helping. It is more ethical to allow minors the right to emancipation than to take it away from them.
ARE MINORS READY?
After legally deciding to break away from their parents, minors are given a “limited guardian” to help them decide and support the minor’s decisions in choosing medical procedures, without any bias the minor’s parents may have had. With this support system, children under the age of eighteen are still not making huge decisions on their own. With this being said, when making life changing decisions regarding medical treatment, anyone, young or old, is going to take their time and think everything through. Parents may seem to always have their child’s best interest in mind, but if a minor is mature enough to understand that they aren’t receiving the necessary treatment, they should also be mature enough to seek the correct form of help themselves. An example of questioning a child's judgement simply because of their age, not their maturity is seventeen year old Cassandra C. Cassandra's parents pushed for chemotherapy and it was decided in court that Cassandra can and will be forced to go through this course of treatment. The thought behind this was that Cassandra’s Hodgkin’s Lymphoma is curable with an 85% survival rate with chemo. This teenage girl was scared and flabbergasted by the thought of going through treacherous chemotherapy and everyone assumed she hadn’t seen the bigger picture with her decision to refuse the treatment. The opposite is actually true, as her lawyer stated that, “Cassandra has not closed the door on chemotherapy, she just wanted the chance to look into alternative options and felt she was not given time” (Leonard).
Sometimes when left up to the parents, any and every attempt is made to help their child and this may compromise any questioning on negative effects or any research into alternative forms of treatment or help. It can be argued that minors may even have more maturity and reasoning than parents in regards to their own life.
Sometimes when left up to the parents, any and every attempt is made to help their child and this may compromise any questioning on negative effects or any research into alternative forms of treatment or help. It can be argued that minors may even have more maturity and reasoning than parents in regards to their own life.
WHO SUPPORTS THIS?
Laws for emancipation vary in each state, but there are still guidelines put forth by each and every state in the US so that not just any minor that wants to is granted permission to make their own medical decisions. In California, for example, a child must be at least fourteen years old to request emancipation, and in Montana, the child must show promise of pursuing a high school education. With each set of guidelines, immature minors without a proper support system are ruled out from making life changing decisions, leaving only the minors who are fully capable of taking care of themselves. Organizations such as FERPA and HIPPA are already showing their support for minors, by providing certain laws and rights such as confidentiality and the mature minor rule, allowing minors the chance to make medical decisions without parent consent in some states. This rule centers around the discretion of the health care professional, which ultimately decide if the parents need to know the situation. Under this logic, there are many health care professionals who have already agreed that minors are fully capable of making medical decisions without parent consent, and many organizations also support this concept.
ARE THERE ANY RISKS?
Some may argue that children aren't mature enough or capable to make life changing decisions on their own, for fear of making a decision without thinking about the long term risks vs short term benefits. The reality is that there are just as many risks in taking away a minor's ability to chose emancipation. Children are being forced into procedures that are unnecessary and unwanted, or are being refused the care that is desperately needed, with little to no say in the matter. If parents were always left up to the decision, all children under the age of eighteen wouldn’t be given a voice in the matter of their own lives. Although they try, it can be very hard for parents or others to understand their child's pain, because often times, pain is invisible and subjective for each person. It is agreed that, "compared to all six basic emotions; recognition of pain is often lowest” (Chambers). Especially with teenagers, when the want for attention is peaking, adults habitually assume that children over-exaggerate their pain level, and as a result, aren't taken as seriously as they should be. This becomes a problem when minors are given an Advil instead of taken to see the doctor, or when parents decide that a surgery or procedure isn’t necessary because their child is simply, “overreacting.” In short, there are just as many, if not more risk factors in taking away a minor's right for emancipation than to allow children to have a choice in the matter of their own lives.
Other POSITIVES
If a minor is not emancipated, “health care professionals should attempt to notify parents or legal guardians of their intentions to test and/or treat the minor and consider delaying all nonurgent diagnostic and treatment decisions until the parent or legal guardian can be reached for informed permission or consent” (Diekema). Under this law, parents are to know about every procedure performed for their child. Without the protection of confidentiality, many kids are too afraid to confront a medical professional about any of their symptoms or concerns. For example, if a teenager conceives an STD from a sexual partner their parents are unaware of, and the parents are firmly against sex before marriage, the child might prefer to go without treatment rather than take a chance of being threatened by their parents. With the option of medical emancipation and the patient confidentiality that comes along with it, minors are more likely to confront their doctors and get the treatment they desperately need. It is important that children are given the opportunity to make this decision without needing parent consent, because they ultimately know best, and the right decision is easier to make without the threat of parents’ involvement.
Psychosocial maturity doesn't start peaking until the age of twenty one. The level of maturity remains almost constant from age ten to age twenty one.