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Medical LawText, Cases, and Materials

Medical Law: Text, Cases, and Materials (6th edn)

Emily Jackson
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date: 28 November 2023

p. 3176. Incapacity II: Childrenlocked

p. 3176. Incapacity II: Childrenlocked

  • Emily JacksonEmily JacksonProfessor of Law, London School of Economics


This chapter discusses children’s medical treatment. It looks at the limits of parental decision-making, and cases in which the courts have overruled parental wishes in order to protect the child’s best interests. Courts may also be asked to resolve disputes between parents, or to make decisions about particularly controversial treatments. If a mature minor is Gillick-competent, she can give consent to medical treatment, but her right to refuse life-saving treatment may be more limited.

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