WITHHOLDING OR WITHDRAWING LIFE SUSTAINING TREATMENT IN CHILDREN. CONSIDERATIONS ON THE LEGAL FRAMEWORK IN ROMANIA

Silvia Dumitras (), Catalin J. Iov () and Beatrice Ioan
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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

Jurnalul de Studii Juridice, 2012, vol. 3-4, 163-179

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.

Keywords: medical decision; terminal patient; child; futile treatment; law; ethics (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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