Paeds Vivas · professional-practice-and-evidence
Consent, parental responsibility and mature-minor frameworks — viva
Branching structured oral on paediatric consent: capacity domains, parental responsibility, mature-minor analysis, emergency necessity and refusal of life-saving care.
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Target exams
Stem
Examiner-led viva on a high-stakes adolescent consent scenario. [10]
Examiner: She is drowsy. How does that change your consent approach? [3]
Strong answer: Drowsiness is a red flag for transient incapacity. Before I treat her refusal as informed, I check reversible causes — oxygenation, perfusion, pain, glucose and evolving shock — because impaired consciousness can erode the four capacity domains. A refusal given in shock is not a valid refusal. [3]
Examiner: Assume she is now alert and oriented. What do you assess? [3]
Strong answer: I assess decision-making capacity for this specific, high-stakes, potentially irreversible decision across the four Appelbaum domains: does she understand the transfusion, appreciate that she could die without it, reason through the trade-off, and communicate a stable choice? I assess voluntariness and coercion, and I recognise that capacity for an irreversible life-saving refusal is a higher bar than for a low-risk decision. [3] [6]
Examiner: She is capable and refuses. Parents support her. What now? [10]
Strong answer: This is a genuine legal-ethical crisis, not a solo registrar override. I escalate immediately to the senior clinician on call and request an ethics consultation and legal input, because courts internationally have moved toward overriding refusal of life-saving treatment in minors under defined conditions. I treat the reversible threats now, document the capacity assessment, and pursue urgent judicial review. [10] [8]
Examiner: How does the harm principle fit here? [8]
Strong answer: The harm principle sets the threshold for overriding a refusal where the consequences are serious, foreseeable and imminent. In this case life is at stake, so the threshold is engaged — but for a capable minor the mechanism is judicial, via the courts, rather than unilateral clinical override. [8]
Examiner: The family asks for absolute confidentiality about all of this. Your reply? [1]
Strong answer: I am honest that confidentiality has limits, and that a life-threatening situation and safeguarding duties may override it. Promising absolute secrecy I cannot keep would itself undermine trust and valid consent. [1] [12]
Examiner: One key pitfall to avoid? [3]
Strong answer: Treating her age as capacity. Even an alert adolescent's capacity for an irreversible life-saving refusal must be assessed and documented domain by domain, with senior and legal input — never assumed. [3]
References
- [1]COMMITTEE ON BIOETHICS Informed Consent in Decision-Making in Pediatric Practice. Pediatrics, 2016.PMID 27456514
- [3]Appelbaum PS, Grisso T Assessing patients' capacities to consent to treatment. N Engl J Med, 1988.PMID 3200278
- [6]Grootens-Wiegers P, Hein IM, van den Broek JM, de Vries MC Medical decision-making in children and adolescents: developmental and neuroscientific aspects. BMC Pediatr, 2017.PMID 28482854
- [8]Diekema DS Parental refusals of medical treatment: the harm principle as threshold for state intervention. Theor Med Bioeth, 2004.PMID 15637945
- [10]Freckelton I, McGregor S Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts. J Law Med, 2016.PMID 30136557
- [12]Levetown M, American Academy of Pediatrics Committee on Bioethics Communicating with children and families: from everyday interactions to skill in conveying distressing information. Pediatrics, 2008.PMID 18450887