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Essay / Research Paper Abstract
A 3 page research paper that explores several questions on when people have the right to refuse medical treatment. Bibliography lists 4 sources.
Page Count:
3 pages (~225 words per page)
File: KL9_khlawref.rtf
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Unformatted sample text from the term paper:
whenever he was not on antipsychotic medication. He was sent on two occasions to the Special Offender Center (SOC), which is a state institution for the treatment of offenders who
have serious psychiatric problems. While at the SOC, Harper was medicated against his will. During his second hospitalization at the SOC in 1983, Harper filed suit, alleging that the Center
had a legal obligation to provide him with a hearing prior to forced medication (Washington v. Harper). Ultimately, this case went to the U.S. Supreme Court, which ruled that
the Due Process Clause allows for the forced treatment of an incarcerated individual when it is determined that the individual is dangerous to himself or others (Washington v. Harper). The
ruling noted that medical experts are in a better position to determine whether or not medication is necessary than are court judges (Washington v. Harper). Do parents have the
right to decide not to give a sick child medical treatment? The law upholds the right of any competent adult to refuse medical treatment, as long as that
adult is "mentally competent" and able to formulate a "reasonable decision" (Forsloff). Therefore, when an adult Jehovahs Witness refuses a blood transfusion, that individual is legally entitled to do
so (Forsloff). However, the state considers itself to have a vested interest in protected those who cannot protect themselves, such as children. Consequently, if a parent refuses medical care for
a sick child and the child dies, the parent could face criminal charges (Forsloff). For example, in a New York case, parents refused care for a child who was diabetic,
the child died, and the parents were found culpable (Forsloff). In numerous cases, the courts have ordered treatment for sick children over the parents objections, particularly when the conditions
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