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Kayla Briceno
Ms. Gardner
9 May 2017
If it is the medical providers job to act in the best interest of the patient, why is it that minors
are forced to undergo a specific treatment against their will? Or why is it that they don't have a choice in
what treatment they undergo? Parents, or adults in general, don't always know best. Are they the ones
feeling the pain, and living day to day having to undergo recruited treatments? Patients rights enable a
medical patient to have a complete consent and say in what treatment plan they choose; however, this
right is restricted to minors. People need to understand that it should be in the best interest of the patient,
what happens to the patient, no matter what their age is. Many states, such as Connecticut and New York,
grant the right to all citizens eighteen or older to possess the effective consent on medical treatment,
which leaves out those who are under the age of eighteen, also classified as minors. Although many
people would argue that patients who are minors do not have the necessary knowledge and judgement to
decide their medical treatment plan, the ability for minors to decide what happens to their own body
Initially, many adults would argue that minors do not have the proper judgement and knowledge
needed to critically decide on a medical treatment plan for themselves. For example, a Chicago teen,
Cassandra failed to convince the court that she was mature enough to come to such a serious conclusion
since it appeared that she lives under the thumb of her mother(Chicago Tribune). These conclusions
were made as the teen brought up a couple of questions regarding the matter: How long is a person
actually supposed to live, and why? Who determines that? It is hard to disagree with the court, as this
comment may initiate utter ignorance and disrespect towards the judge. Additionally, research shows that
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this right should be placed on the parents, since they are supposed to ensure that child comes to no
harm(Blackwell). This statement can easily be supported, as adults are more experienced and
knowledgeable, and their best interest at heart is their children. To summarize, adults consider minors to
be too immature and underdeveloped to make critical decisions. Though these claims may be true, it
would not be impossible to aide minors in making a call between life or death by providing them with
sufficient medical knowledge. While it is true that many adults believe that minors are incapable of
making critical decisions, patients rights for minors enables them to have the power, hope, and comfort,
Admittedly, minors may lack essential judgment and knowledge necessary to make a life or death
decision. Nevertheless, when one considers how demeaning this may seem to a minors sense of power
and dignity, it is difficult to oppose the rights of patients who are minors. In looking at how to empower
kids to make logical medical decisions, it is argued that, Children should participate in health decisions,
he agreed, but to be involved, it's really important that they're able to think critically about the options we
have, he said. The two things go hand in hand. When minors are given resourceful medical
information, the rightful thing to do is to allow them to have the power of choosing what is to be done to
them (Barton). By granting this power and right to minors, their mental and physical state will improve
dramatically. The ability of making a decision on their own can be very fulfilling, and with this they feel
accomplished and proud for fighting for the things that they want. Another example deals with a
seventeen year old leukemia patient who was granted the right to deny treatment, as a result of her deep
passion for a family religion. The judge granted her this because A psychologist testified that the girl had
the maturity of a 22-year-old. Typically in cases like these the minor is granted full medical consent if,
the minor is able to understand the consequences of the treatment, the minor is older, the treatment is to
the benefit of the patient, and the procedures are low risk for the most part (Encyclopedia). If knowledge
and judgment is the issue, provide the minors with these resources, so they can come to these medical
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conclusions on their own, while also feeling strong and powerful in doing so. Based on this information, it
is evident that allowing minors with this right effectively boosts their morale and uplifts them with a
sensation of power and strength. In summation, if providing minors with this right to choose enhances
their sense of power and strength, why would health care providers and judges reject the patient's wishes,
Furthermore, real life experiences show that this right provides the patient with a great deal of
hope. A teen, Zoe Fleetwood, requested that her body be frozen through a process called cryonics
because she had great hope that she would soon return to life when scientists found a cure for her life
threatening disease. Upon being granted this wish, Fleetwood called the judge her hero, as it provided
her with great hope for the future. When asked about the chance of success the response was, somewhere
between zero to one hundred. Though these chances were small in her favor, they still gave the patient
what she desired (de Freytas- Tamura). Once again it is evident that this right and power to choose is
essential in making the patients psyche and emotional state uplift. Hope is something that drives many
people, not only minors. The idea of always being something better in the future motivates people to go
on and make decisions accordingly. When health is at stake, declares physician, Val Jones MD,
presenting information with the right amount of hope can guide patients away from both suffering
needlessly and/or succumbing to treatable disease. Jones further states that Hope provides the energy to
course correct, to fight battles that can be won, and to hold on to trust in a brighter future. It is especially
important for minors to have hope, as they are young and they have yet to experience half of the
incredible phenomenons that exist in our very world. To summarize, the right for minors to choose what
happens to them medically is fulfilling, and provides the patient with hope for a better and pain free
future. As a result, this right illuminates the free will and good spirit of the patient. Who would want to
crush a minor's hopes and dreams by forcing them to do something that blockades these aspirations?
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Ultimately, patients who are minors should be able to decide on their treatment plan because it
gives them great comfort in choosing what is done to their body. In most cases minors are left in
excruciating pain without a choice, as they have no say in what is physically being done to them, which is
completely unacceptable. The state does not have the right to force [her] to endure physical and
emotional pain, declares Risham Dhillon, journalist for The Harvard Crimson, regardless of how pure
the intentions. The end doesn't always justify the means. While the end which symbolizes the courts
final decisions, may seem like the right choice for the minor, it ultimately may hurt the patient a lot more
than it makes them feel better. In this case the parents of a patient Sarah, decided to end treatment because
they noticed immense destruction to their little girl, they ceased the treatments in June because she asked
them to stop. It put her down for two days, Andy Hershberger, Sarahs father, said. She was not like
her normal self. We just thought we cannot do this to her (Church & State). Based on this true story, it
is apparent that the humanly thing to do is support the patient in their decision, even if they are a minor.
People should be concerned with the comfort of the patient, rather than their age. What if it were the other
way around, where the children would choose the treatment plan for their parents? The parents would
want their children to choose something that makes them comfortable and feel less pain, but most likely
the parents would want to have their own say in the matter because it is their body, and they would want
to choose what happens to it. My aunt who passed away last week was in a tremendous deal of pain;
however, her children had complete medical consent for her treatment. It broke my heart to see that they
refused in letting their own mother receive morphine to lighten the pain she was feeling. Though these
were not their ultimate intentions, in fact their decision was driven through superstition and a myth about
morphine, it was still their own mom and it should have been in their best interest to make their mom feel
comfortable and less painful. Ultimately, listening to the patient puts them at ease, and comforts them
because they are being heard, and because it brings less pain to the body. Therefore, rejecting this right to
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minors would be cruel and evil because forcing them into a certain treatment may cause them more harm
In conclusion, minors should have the right to decide on their treatment plan because this right
grants them with power, hope, and comfort. Forcing a patient to have something done to their body that is
unwanted is cruel and dehumanizing, both physically and mentally. In other words, the whole rejection of
this right to minors is completely unethical. Though it is arguable that minors may have underdeveloped
judgement, and may not fully understand their actions, they are the patients, and they are the ones affected
by the treatment. Most people do not know the pain and suffering these minors are facing each day, so
treatment should not be forced upon the patient when the patient no longer wants to proceed. Even if the
patient wishes to proceed with treatment, that should be up to them because it is their body, and they
deserve a say in what is being done to them medically. If the patients knowledge and understanding is
questionable, the most logical thing to do is provide the minor with the education and the critical thinking
skills needed, before they make a life or death decision. What happens to the patient should be up to the
patient, no matter what age they are. The time has come for the country as a whole to grow as a society
Works Cited
Barton, Adriana. "Small Doses: How to Empower Kids to make Informed Health
Decisions." Globe and Mail, 24 Oct, 2016, pp. L.1, SIRS Issues Researcher, https://sks.sirs.com.
Blackwell, Tom. "Parents Don't always Know Best, Hospitals Say." National Post, 08
"Court Intervenes in Cancer Treatment of Ohio Amish Child." Church & State, Oct,
Judge." New York Times, 19 Nov, 2016, pp. A.7, SIRS Issues Researcher, https://sks.sirs.com.
Dhillon, Risham. "Raw Truths, Instinct, and Justice: The Cassandra C. Case." University
Jones, Val Why We Need Hope in Health Care. KevinMD.com, Val Jones MD, 4 Jan.
2017, www.kevinmd.com/blog/2016/03/need-hope-health-care.html.
www.encyclopedia.com/social-sciences-and-law/law/law/patients-rights.
"Saving a Teen from Cancer...and Her Own Impulses." Chicago Tribune, 14 Jan, 2015,