MPS reminds doctors of duty to children who lack capacity
Post date: 02/09/2014 | Time to read article: 1 minsThe information within this article was correct at the time of publishing. Last updated 14/11/2018
Recent news stories have highlighted issues around treating a child who lacks capacity when the parents’ wishes conflict with doctors in terms of the child’s best interests.
The Medical Protection Society (MPS) reminds doctors of their duty to always act in the best interests of the patient.
Dr Richard Stacey, medicolegal adviser at MPS said: “When caring for a child who lacks capacity, doctors have a duty to treat them with their best interests in mind. The child should be informed about their care in a way that is appropriate to their maturity and understanding and any decisions should include the child as far as their capacity allows."
“Speak with the child’s parents and take time to understand their ideas, concerns and understanding of any proposed treatment, in order to ensure they are aware of the risks, benefits and burdens.”
In the vast majority of cases, the views of the child, parents and doctors coincide with the child's best interests; however there are occasions where there is disagreement. Follow the below steps if this arises:
- Discuss further with the parents and/or child in order to understand their position and offer any relevant reassurances and explanations
- Consider seeking a second opinion
- Involve another agency, depending on the specific circumstances of the case
- In rare occasions it may be necessary to seek an order from the Court.
MPS can provide guidance to members tailored to the specific circumstances of a case.
Further information
For further information please contact Kim Watson, Media Relations Manager at MPS on +44 207 399 1409 or email [email protected]
