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Does the state have the right to interfere or intervene and remove children from the home because they feel the parents are negligent in caring for the child's mental and physical health? Based on the parent’s refusal to administer prescribed medication they deemed harmful in exchange for an alternative medicine? This dilemma is discussed by Corey Williams of the Associated Press, author of “Mother battles Michigan over daughter's medication” about Maryann Godboldo who decided to discontinue medicating her daughter, Ariana, with an anti-psychotic drug Risperdal to take on a more holistic approach to her daughter's health issues. This includes her confrontation with police due to negligent actions and behavior. Williams takes into account Ariana’s past and present health problems and whether the child was properly diagnosed with a mental disorder and appropriate treatment was administered. Williams believes the state has the upper hand in proving that she is indeed neglectful and a hindrance to her child's health.
Williams begins with Godboldo refusing to let authorities take her child which resulted in Godboldo being jailed and Ariana being placed in a psychiatric hospital. Williams adds that” She is now at odds with the Department of Human Services over her parental right as a mother to determine whether Ariana should continue taking Risperdal and the government’s role in her child's welfare.” Godboldo blames her daughter's health problems on malpractice and immunizations, without disclosed documented medical evidence. She asserts her claim her daughter responds better to holistic treatment as opposed to conventional medicine. He then points out that Human Services is not as convinced as she is in holistic treatment and “that w...
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...her actions towards police as self defense.
According to Williams the state may deem parents negligent based on their decisions of how their children's health care will be regulated if their decisions go against the standards the state considers fit for that child's well being. The parents’ reasons for such changes in treatment should be substantiated and if wrongfully accused of negligence should be handled without the excessive use of force. But Williams also takes into consideration the use Risperdal has on a child and whether there may have been indefinite diagnoses to accurately prescribe a certain medical treatment for a child. “Prior, as well as, pre existing health conditions should be examined by the parents, physicians, etc. including their input to determine a better course of action for treatment of children to either determine or avoid negligence. ”
Relevant facts and background of the case indicate that, Buck Carrie an 18-year old female and a resident of Virginia State was feebleminded. Similarly, her mother was feebleminded too. Even though not married, Carrie had a feebleminded daughter (Brocato, 2008). Virginia State passed laws in 1924 allowing superintendants of special institutions with conditions that are hereditary and cause imbecility insanity to sterilize these persons. For the sterilization process to continue, the requirement was for superintendents to present to the board of directors a petition, inform the inmate and the inmate’s guardian, and call a hearing to give evidence against and for carrying out the process (Black, 2003). In the case, Dr. Bell carried the proceeding against Ms. Carrie Buck. This was after the death of her first physician during the case pendency. Similarly, Bell pushed fo...
The physician asked prior to administrating the medication if Jack was allergic. He took protocol before prescribing it. Additional steps could have been set in place, but the physician took a step further in the second scenario vs. the first one. Medical negligence is when there is an error in the diagnosis, treatment, or management. In this case the allergic reaction to Sulfa was yet to be determined to be an allergy. The physician went about the proper questioning before writing the prescription. Medical professionals are only human, and errors are always possible when it comes to a new prescription. People respond to different medications differently, so if the allergy is not prior determined the side effects are not always known. If Jack had said yes to have an allergic reaction to Sulfa that could be medical negligence in prescription drug error, but due to saying he had not had one the side effects would be unknown. When prescribing the medication no known rash and skin irritation had been associated with contact with the medication or anaphylactic shock previously. Allergies occur as a result of a hypersensitive immune system and many types of substances can trigger a
Petitioner, Kaitlyn M. (“Kaitlyn”) is a twelve-year-old student in the 6th grade. Kaitlyn resides with her maternal grandmother, Lydia Delacroix within the jurisdictional boundaries of Beaumont Independent School District (“BISD”). District records indicate that Kaitlyn has lived with her grandmother since infancy. Ms. Delacroix advised the District that Kaitlyn has a medical diagnosis of ADHD, asthma, and allergies. Ms. Delacroix has indicated that Kaitlyn’s was diagnosed with ADHD in first grade while attending elementary school in Vidor. Ms. Delacroix notified the BISD that Kaitlyn’s physician prescribed approximately five different medications for ADHD which were discontinued by Ms. Delacroix because she did not see positive results. Kaitlyn
In Santosky v. Kramer, 455 U.S. 745 (1982), the U.S. Supreme Court held that “Parent and children enjoy a fundamental, constitutionally-protected right to family integrity.” And in Custody of a Minor, 377 Mass. 876 (1979), the SJC held that “Loss of a child custody may be as onerous a penalty as the deprivation of the parent’s freedom.” Most importantly, it is the public policy of the Commonwealth of Massachusetts that a child’s welfare is best served in the care and custody of her parent. See Petition of Department of Public Welfare to Dispense with Consent to Adoption, 383 Mass. 573, 587 (1981). Moreover, in a Care and Protection case, the ‘integrity of the family is threatened by government intervention’; in order to protect the rights at issue, the requirements of due process must be throughout the proceedings. See Department of Public Welfare v. J.K.B., 379 Mass. 1, 3 (1979). Based on these mentioned rationale, reasons and decision, DCF has created rules and regulations to guide its conducts operation and above all, its decision to protection children in need.
Psychotropic medications, also referred to as psychiatric or psychotherapeutic medications, are used to treat psychiatric disorders, such as: depression, bipolar disorder, schizophrenia, anxiety disorders, and attention deficit-hyperactivity disorder (ADHD). They have been used for many years and oftentimes come with dangerous side effects. The side effects that often occur in children taking these medications can include: fainting, blurred vision, vomiting, extreme weight gain, and even death ("Seroquel information,” n.d.). The use of psychotropic medication to treat mental disorders in children and adolescents is highly controversial because of ethical viewpoints (i.e. parents “drugging” their children to calm them down) and potentially harmful side effects, but one has to take into consideration whether the risks outweigh the benefits when deciding whether or not to give this type of medication to children.
When parents and doctors put children on dangerous medications like Adderall, Dexedrine, and Ritalin, they seem to overlook the dangers and consequences that come with taking antidepressants and stimulants. Children can often end up suffering from a more severe sickness than when they started when they began the treatments (source #8). The ...
She suffered long-term physical, emotional, sexual, and verbal abuse from her parents; symptoms from her personal oppression were depressive and withdrawn attitude. Often she was very quiet and appeared unengaged and inattentive in class. The family lives in a public housing subsidy tenement and received public assistance from the State. Her first child, who she called "Mongo", because she was born with a disease called Down syndrome, lived with her grandmother, but on days the social worker would visit the grandmother would bring the child by to visit. Though the grandmother was very aware of the abuse that was taking place in the home, she turned a blind eye.
Attention Deficit Hyperactivity Disorder (ADHD) is a psychiatric disorder that causes children to have problems with paying attention, trouble with following instructions, have impulsive behaviors and become easily distracted. Medications, such as Adderall and Ritalin, are used to treat the symptoms of this disorder by helping the patient to focus and pay attention while also curbing their impulsive behavior and hyperactivity. Side effects of these medications are, but not limited to, anxiety, addiction and in some cases psychosis. Proponents of giving ADHD medication to children argue that ADHD is a real disorder in children and the medication does improve the symptoms of the disorder by a large margin as well as being cost effective. Also, not only are the parents happy with the outcome of their children taking the prescribed medication but so are the children themselves. Proponents also argue that by not letting parents of the children, young adults and adults choose to take these prescriptions when diagnosed with ADHD that the medical and psychiatric communities would be in violation of the principle of autonomy. Justice as well would be violated since most of the burden of dealing with all the symptoms caused by this disorder would fall onto those with ADHD and partly on their families. Opponents of giving ADHD medication to children point out that it is not only going to children with ADHD but also being prescribed to those not diagnosed with the disorder as well as the pills being given or sold to other children and young adults. They also claim that the full side effects of ADHD medication are still not known and could have harmful long- lasting side effects on the children taking the medications. In this case, the princip...
The documentary “The Medicated Child” gave me a lot of insight into the lives of children diagnosed with bipolar disorder. When we hear and learn about bipolar disorder, we do not normally think of children. However, there are many children diagnosed with bipolar disorder ranging from all ages. As we saw in the documentary, bipolar disorder can be very hard on both the child and the family, so finding a cure that is effective and safe is important. The video also highlighted how little research there has been on the effectiveness of antidepressants on children.
With the guidance of their physician, Baby Does’ parents chose to withhold medical care and surgery due to the conclusion still leaving the child with severe retardation. “Officials at the hospital had the Indiana Juvenile Courts appoint a guardian to determine whether or not to perform the surgery. The court finally ruled in favor of the parents and upheld their right to informed medical decision” (Resnik, 2011). Because of the decision made to withhold surgery and medical care, Baby Doe died five days later of dehydration and pneumonia.
Simone Harrison a 25 year old African American female, who is 6 months pregnant and unemployed, arrived at the University Hospital's Women Clinic in Oakland, CA for prenatal care. Ms. Harrison made the appointment because she has not been feeling well lately. During the intake process , she discloses to the nurse that this is only her second visit to the doctor since finding out she was pregnant. Ms. Harrison's records also contain information about her mental status, most notably that she was diagnosed with schizophrenia in 2009. Her boyfriend, the baby's father, decided he wasn't ready to be a father and left shortly after finding out about the baby. Fear, abandonment, and uncertainty about the future escalate stress levels consequently resulting in her experiencing auditory hallucinations. When this happens, the client, who is uninsured, self medicates with cocaine to manage her symptoms. The nurse who works in the clinic suspects that Simone is using drugs because according to her "she looks like the type". Acting out of contempt for the patient and concern for the unborn child, the nurse is ready to drug test Ms. Harrison, without her knowledge if necessary, to confirm her suspicions.
"Under traditional principles of criminal law the omission of ordinary care by parents, physicians and nurses creates criminal liability. The crimes committed may include murder, involuntary manslaughter, conspiracy and child abuse or neglect. Generally a person is criminally liable for homicide by omission if: 1) He has a legal duty to protect another; 2) with knowledge or gross negligence he fails to act; 3) and such failure proximately causes the death of the other.
Story: Andrew Bedner is an American man at the center of bioethical controversy regarding the rights of parents to make medical decisions for children they have allegedly abused
The mother was told that the baby was dehydrated and needed to be supplemented with formula. But since she denied using the supplement, her pediatrician told her to take the baby to the ER room. When the mother did not check into the hospital, child protective services were called, she was then arrested, charged with neglect and removed from custody. After five months the case was dismissed and she regained custody of her son. In the case, the mother was mother was guilty of neglect because she was constructed to take the newborn to the ER immediately but failed to do so. According to the article instead of taking her child to the hospital, she went to the supermarket to buy soy-based formula and get a second opinion from another doctor. The mother is not wrong for wanting a second opinion and wanting to provide a another alternative food choice, but giving that the baby was dehydrated and was told to go to the ER, she should have taken care of her child’s emergency then took care of her personal agenda. Were officials wrong for charging her, no they were not. She could have avoided the charges if she went straight to the ER and discussed her plans with either her pediatrician or someone at the
Discussion: Ms. Marks (Mother) reported some behavioral challenges in the home. She expressed concern with D'Andre administering his medication independently and becomes upset when redirected. Ms.Marks reported that she has taken measures to prevent this incident from occurring. Ms.Hassan (Teacher) reported that D'Andre is improving both academically and behaviorally in the school. Ms.Hassan (Teacher)