When parents decide against therapy for the children. the case of Emil M.: a conflict between parents and medicine
Peschel, O.; Eisenmenger, W.
MMW Fortschritte der Medizin 141(35): 37-41
1999
ISSN/ISBN: 1438-3276 PMID: 10897954 Document Number: 501375
If parents refuse to allow an accepted, scientifically well-founded treatment for their child, and if this results in obvious negative consequences for the child's welfare, the physician can appeal to the family court. Before doing so, however, a detailed explanation of the situation and counseling of the parents is imperative. In an emergency that brooks no delay, however, the physician can carried out the treatment he considers absolutely necessary even against the wishes of the child's parents. If, as a result of unacceptable parental decisions--e.g. withdrawal of treatment from the child--harm to the child ensues, the parents can hardly be pursued by the law, since, according to the principles of criminal law, this would only be possible if it can be proved without a shadow of doubt that the treatment would definitely have prolonged the child's life, or with certainty protected it from some other prejudice.