The Case of Legal Agent Who Refused Taking Medical Treatments: The Right of Decision to Take Medcial Treatments and the Oblgation of the Physician
The decision to take medical treatments for juveniles belongs to the body care and one of the important content of parental rights. The decision which made by the parent should be based on the physical and mental protection for their juveniles. However, although the patient wasn’t adult yet, it still might be a conflict with the enforcement of parental rights that making decision to take medical treatments by himself. At this moment, the judgement should be made in every different issued cases. During enforcing the parental rights, the parent should notice the physical and mental development of their juveniles, and respect that they have right to make decision by themselves. When the parent enforces the right of decision to take medical treatments but against the best interest of juveniles, the enforcement could be made by another specific legal agent, or be suspended as a relief. During these processes, the physician should fulfill his obligation to disclose, no matter to the patient or to his parent, in order to judge whether the patient has the ability to consent.