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parens patriae

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Court orders brain surgery on 12-month-old baby against parents’ wishes

Baby K was born on 22 July 2017 with cortical dysplasia in the left hemisphere of his brain. As a consequence, K suffers from a form of epilepsy that is unresponsive to medication. He has spent 10 of his 12 months of life in Lady Cilento Children’s Hospital in Brisbane due to his severe and frequent seizures. K has undergone various treatments, including anticonvulsive drugs, a trial of cannabis oil and ketogenic diet, which have proved largely ineffective....

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Palliative care in best interests of the child

We have previously blogged about the earlier decisions in this matter. Oshin Kiszko was diagnosed with medulloblastoma in December 2015 and underwent surgical removal of the brain tumour. His parents refused conventional post-surgical treatment, and in March 2016 the Family Court made an interim order authorising commencement of chemotherapy. In May 2016, the Family Court refused to order radiotherapy ...

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Addendum to Parens Patriae Applications – Alive and Well

The Hospital advised that the outcome of the chemotherapy had been pleasing but further chemotherapy alone would not save Oshin’s life and that a high level dose of radiotherapy was required to give him the best chance at survival. On this occasion Oshin’s parents had obtained a report from Professor Kellie, a specialist paediatric oncologist in Sydney. The report discussed the likely ...

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Parens Patriae Applications - Alive and Well

In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had refused treatment and indicated that they wanted to pursue alternative therapies. Last week, the Qld Supreme Court ordered that a 12 year old girl may lawfully undergo an abortion when it was considered that this form of medical intervention fell outside the types of procedures for which parental consent could be given....

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