The Principle of Best Interest and Harm Principle as the Basis for Limitation of the Role of Informed Refusal by Surrogate Consent in Pediatric Patient

DOI

10.2991/aebmr.k.200513.005How to use a DOI?

Keywords

informed refusal, principle of best interest, harm principle

Abstract

This research starts from the problem of ethical dilemma that occurs due to informed refusal by parents or guardians of pediatric patients which has the potential to cause disability or death in children as an implementation of unlimited authority delegation to the family / guardian of pediatric patients in Indonesia towards fulfilling the patient’s right to accept or reject medical treatment. There is a conflict between the decision of the medical team based on the principle of beneficence for life of pediatric patients with the obligation to respect the family / guardian of pediatric patients autonomy who provide informed refusal. The question is whether the medical team should respect the patient’s family autonomy or let the patient die? This study uses normative juridical research with a statutory approach that is supported by a conceptual approach and comparative law with the United Kingdom and the Netherlands in the application of Informed Refusal involving children in the Practice of Medical Services. The results of the study show that it is necessary to regulate the position of third parties in the principle of autonomy of pediatric patients to create a balance against efforts to protect the autonomy of pediatric patients. limitation of family or guardian authority on pediatric patients is carried out on the basis of 2 important principles namely that positively health services must respect the best interests of patients, and negatively health services must avoid situations that endanger the safety (harm principles) of pediatric patients, as an effort to fulfill human rights for health services.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Agus Suprapto
PY  - 2020
DA  - 2020/05/20
TI  - The Principle of Best Interest and Harm Principle as the Basis for Limitation of the Role of Informed Refusal by Surrogate Consent in Pediatric Patient
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 20
EP  - 30
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.005
DO  - 10.2991/aebmr.k.200513.005
ID  - Suprapto2020
ER  -