The Vexed Question of Best Interests in Decisions Relating to Infants and Medical Futility
The Vexed Question of Best Interests in Decisions Relating to Infants and Medical Futility

Author(s): Jo Samanta
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Ethics / Practical Philosophy
Published by: Trivent Publishing
Keywords: Paediatrics; Law; terminally ill; seriously ill; infant; children
Summary/Abstract: Intractable disputes between doctors and parents relating to seriously ill infants are neither new, nor unusual. These tragic situations are invariably played out in very public arenas with potential repercussions for all parties concerned. The decision making standard employed by the courts is that of best interests, as objectively assessed by the court and taking all relevant matters into consideration. This chapter provides an examination and critique of the evolution of the best interests test when used in this area. It ends with a brief consideration of the possible role of mediation as a vehicle for alternative dispute resolution.

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