What do YOU think is the Age of Informed Consent?

Published on July 25, 2006 By Dr Guy In Current Events

Here in Virginia, we have had a real brouhaha of a case. A 16 year old boy who has cancer, who has undergone Chemo already, does not want to do it again. His parents support him. He has tried alternative and experimental treatments in Mexico, and thinks they are helping him more.

But a lower court judge thought not! And (this one is for the Gideon), ordered Joint custody with the Department of Social Services! Why? Because his parents did not force him to take more Chemo! Grrrrr!

Fortunately, Circuit Court Judge Glen A. Taylor had more sense than my fellow workers and the lower court judge put together. And he ordered a new court date.

OK, as the father of 4, 3 of them over 16, I will state that for the record, in some respects (and chemo being one of them - especially when the parents concur!) 16 is an age of consent! It is his life. Having and actually facing death, he knows the score more than I do. More than most of us do.

I remember the Patrick Swayze episode of MASH. Where hawkeye is trying to get Patrick to go to Tokyo for tests and new treatments. And Patrick's character said "Ologies? What? They are going to have a cure when I am dead? I can help my friend now!".

Same thing with Starchild. The doctors are doing voodoo. It may be better than the treatment in Mexico. It may not as it does not seem to work all the time. But at 16, as much as we love them, we should give them a say in how to spend the rest of their life. Not complete, but if we agree with them, that should be enough. Even for CPS and their leeches!

Finally, some sanity. But note it was not in the JDC. Don't ever expect it at that level.

Comments (Page 2)

Dr Guy

on Jul 26, 2006

These parents are supporting their son. That should be the final say.

A local radio station did a poll (very unscientific - I grant you), but it found 95% support that position, and only 5% supported the state in this.

I bet the 5% were the Department of Social Services.

Trudygolightly

on Jul 26, 2006

In it, he said that during his first Chemo episode, he wished he was dead. I have never been through chemo, but I have heard the same comments from those that have.

I take Methotrexate for RA, it's normally used for cancer victims and is a form of chemo. It makes me sick to my stomach for about a day or two, makes my hair thin, and overall, I wish I didn't have to take it.

Good God, when will the state and church stay the H--- out of our personal lives?? IF I were to have cancer, I"d let it take it's course!
I think the age of consent needs to be 16 or close to it! why families can't choose for their children is beyond me.

Gideon MacLeish

on Jul 26, 2006

I've been following this case, Dr.

Here's the way I see it:

If the court demands the boy receive chemo, and the boy complies, and later dies from his illness, anyone who took part in ordering the treatment should be charged with murder. Because they demanded the treatment based on their assertion that they could cure him and other methods could not. Perhaps if we did that, we'd have fewer judges and social workers playing "doctor".

(BTW, I also feel that anyone who dies from "mandatory" vaccinations should be charged with murder for the same reasons).

I think if we started holding the state accountable for its actions to a standard equal to that with which we hold parents accountable, simple fear of litigation would pressure the state to back off.

Dr Guy

on Jul 26, 2006

I think the age of consent needs to be 16 or close to it! why families can't choose for their children is beyond me.

I can see the age being lower - when parent and Child agree. The state has no business in this. If there was a magic pill, perhaps. But in the end, all treatments are experimental as none are 100%

Dr Guy

on Jul 26, 2006

If the court demands the boy receive chemo, and the boy complies, and later dies from his illness, anyone who took part in ordering the treatment should be charged with murder. Because they demanded the treatment based on their assertion that they could cure him and other methods could not. Perhaps if we did that, we'd have fewer judges and social workers playing "doctor".

I agree. I thought you might be following it.

think if we started holding the state accountable for its actions to a standard equal to that with which we hold parents accountable, simple fear of litigation would pressure the state to back off.

But then there are those who would cry "we cant get anyone to do the job for fear of being wrong". But I would say, those are the ones I want doing the job! For the fear of doing wrong means you are going to make damn sure you are right before pulling the emergency cord!

Adventure-Dude

on Jul 26, 2006

It sounds to me the DSS is the one making an uninformed decision and I agree with Gideon. Personally I think ALL court cases should be handled as such. Maybe that's because my sis-in-law claimed my brother molested his child and was found innocent and his rep still goes tarnished on false alegations!

Gid your point is superb. In this case the boy and the parents are being held accountable for their decision but nothing for the DSS. Almost sounds like the DSS is seen as infallible. Oiy. Heaven Forbid!

Dr Guy

on Jul 26, 2006

Personally I think ALL court cases should be handled as such. Maybe that's because my sis-in-law claimed my brother molested his child and was found innocent and his rep still goes tarnished on false alegations!

Unfortunately there are too many cases like your brother. And once branded - forever scarred.

Adventure-Dude

on Jul 26, 2006

Unfortunately there are too many cases like your brother. And once branded - forever scarred.

This is when I wished we had the laws of the OT. What you accused the other person of and they were found false then what you were wanting done to them is then done to you. Really sets up accountability in my book. Of course that's the 'vengeful G-D'?

JMO

Dr Guy

on Jul 26, 2006

I think we all do for a moment or 2. And then realize that should it be that way, we would be no better than the real criminals.

Adventure-Dude

on Jul 26, 2006

we would be no better than the real criminals

I disagree (I hope I am not getting too far off topic here) with you. The point is that you wouldn't have any allegations unless you were pretty danged sure you were right. If you were asking his hand to be cut off as the result and found wrong well hopefully it wouldn't take two times to do it.

InBloom

on Jul 26, 2006

I think people underestimate the wisdom of children. I've had 10 and 11 year old students who were so wise beyond their years, I was in awe of them.

I cannot pinpoint a certain age for consent, but if the child is mature enough to understand what a certain med or procedure is doing to his/her body, then he/she should definitely have a say.

Dr Guy

on Jul 26, 2006

disagree (I hope I am not getting too far off topic here) with you.

No, and we can agree to disagree. And I do understand your frustration. Having been there.

Dr Guy

on Jul 26, 2006

think people underestimate the wisdom of children. I've had 10 and 11 year old students who were so wise beyond their years, I was in awe of them.

I have known a lot of great teachers, and loved every one. You just got added to that list (not all teachers are great teachers). Mine are too old for you know, but I would have been proud had you been their teacher.

Adventure-Dude

on Jul 26, 2006

No, and we can agree to disagree. And I do understand your frustration. Having been there.

But I want to disagree to agree!

MasonM

on Jul 26, 2006

BTW, I also feel that anyone who dies from "mandatory" vaccinations should be charged with murder for the same reasons).

You would charge dead people with murder?

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