Questions relating to a parent's ability to deny medical care to their child have emerged as a controversial topic in health law policy. Parents often cite religious reasons or personal preferences for alternative medical treatments as justification for refusing medical care for their child. While a parent's ability to consent to potentially life-saving medical care for their child is well-established law, the ability to refuse life-saving care is less defined. The basic legal premise for compulsory treatment in this country is based on a distinction made by the court between religious beliefs and practices. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayThe 1879 United States Supreme Court case Reynolds v. US (98 US 145) involving polygamous marriage practices, set a precedent that, while guaranteeing the free exercise of religious beliefs, allows the State in certain circumstances to limit religious practices. In general, when the state can demonstrate a compelling interest in the preservation or promotion of health, life, safety, or welfare, religious practices may be curtailed. (Kasprak) Failure to provide essential medical care to children has been increasingly recognized as a form of neglect. (Bioethics 2013) According to the Michigan Department of Health and Human Services, neglect is defined as: Harm or threatened harm to the health or well-being of a child by a parent, legal guardian, or any other person responsible for the health or the welfare of the child occurring through any of the following: Negligent treatment, including failure to provide adequate food, clothing, shelter, or medical care. Exposing a minor to an unreasonable risk to the health or welfare of the minor due to the failure of the parent, legal guardian or other person responsible for the health or welfare of the minor to take action to eliminate such risk when that person is able to do so and has, or should have, knowledge of the risk. (Michigan Department of Health and Human Services) In 1983, the U.S. Department of Health and Human Services changed its definition of negligent treatment to include the failure to provide adequate medical care. Many factors are important when evaluating risk. suspected medical negligence. Some factors include the likelihood and extent of harm from forgoing medical care and the benefits, risks, and burdens of the proposed treatment. (Bioethics 2013) One example is that the risk of an unimmunized child contracting a contagious, vaccine-preventable disease may be low if immunization rates in the community are high and disease prevalence is low. Many parents cite religious beliefs as a reason for refusing medical care. Some examples are: Followers of Christ reject all medical treatment in favor of prayer, anointing with oil, and the laying on of hands. Christian Scientists may use dentists and doctors for “mechanical” problems such as bone setting or childbirth, but they consider most illnesses to be the result of the individual's mental attitude and seek healing through spiritual means, such as prayer . (Bioethics 2013) Other religions only prohibit certain medical interventions, as Jehovah's Witnesses only prohibit the use of blood and blood transfusions. Please note: this is just a sample. Get a custom paper from our expert writers now. Get a Custom Essay For years, court decisions have led to the development of.
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