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Kgothatso Keeps Up With Medicine: Autonomy & medicolegal considerations of a paediatric patient in a psychiatric setting

14 May 2024

Kgothatso Keeps Up With Medicine - student doctor at Sefako Makgatho Health Sciences University, Kgothatso Legong, discusses the challenges of treating paediatric patients in psychiatry.

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The treatment of paediatric patients in psychiatry raises important considerations regarding autonomy and medicolegal approaches to medical treatment. In South Africa, as in many countries, minors are considered to have limited autonomy due to their age and are typically unable to make medical decisions for themselves. This is particularly relevant in the field of psychiatry, where treatment decisions can have long-lasting effects on a child's mental health and well-being.

In South Africa, the Children's Act of 2005 outlines the rights of minors and the responsibilities of adults in making decisions on their behalf. According to the act, children under the age of 12 are presumed to lack the capacity to make decisions about their own medical treatment, while adolescents aged 12 to 18 are considered to have the capacity to make informed decisions, but may still require parental consent for certain treatments. This means that in the case of paediatric patients in psychiatry, parents or legal guardians are typically responsible for making treatment decisions on behalf of the child.

However, the issue of autonomy in paediatric psychiatry becomes more complex when a child's treatment is not in line with the wishes of their parents or legal guardians. In such cases, the South African law allows for the appointment of a curator ad litem to represent the child's best interests in court. This ensures that the child's autonomy and well-being are taken into account when making decisions about their medical treatment.

In addition to South African laws, international medical conventions such as the United Nations Convention on the Rights of the Child also emphasize the importance of respecting children's autonomy in medical decision-making. The convention states that children have the right to express their opinions and have them taken into account in matters affecting them, including decisions about their medical treatment. This underscores the importance of involving paediatric patients in psychiatry in discussions about their treatment and respecting their autonomy to the extent possible.

From a medicolegal perspective, the principle of informed consent is crucial in paediatric psychiatry. Informed consent requires that patients, or their legal representatives, are provided with relevant information about the proposed treatment, including its risks and benefits, and are able to make a voluntary decision based on this information. In the case of paediatric patients, this can be particularly challenging due to their age and level of understanding. It is important for healthcare providers to communicate effectively with children and their families, taking into account the child's developmental level and ability to comprehend the information presented.

The autonomy and medicolegal approach to medical treatment of paediatric patients in psychiatry is a complex and multifaceted issue. While South African laws and international conventions provide guidance on the rights of children and the responsibilities of adults in making treatment decisions, there are still challenges in balancing the autonomy of the child with the best interests of their well-being. Healthcare providers must approach each case with sensitivity and care, ensuring that the child's voice is heard and their autonomy is respected to the greatest extent possible.

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