Paula Tironi, JD, LLM and Monique M. Karaganis, MD
While parents often have legal authority to make decisions regarding pediatric palliative care, federal and state statutory and case laws, like CAPTA, impose significant restrictions on that authority.
The federal requirement for providing emergency medical care to those who cannot pay has been unsuccessful in eliminating refusal of care and the practice of “patient dumping.”
An argument that the concept of judicious dissent can resolve the debate over a physician’s conscience-based right to refuse to provide lawful services.
An argument that an individual physician’s conscience-based decision not to offer specific, lawful medical services should not restrict patients’ access to those services.