Sydney Children's Hospital Network, Re A [2018] NSWSC 1358

Sydney Children's Hospital Network, Re A [2018] NSWSC 1358

The welfare of the child being paramount, doctors must be able to perform the surgery and, as necessary for that surgery, use such blood or blood products as they believe are necessary for the care and treatment of the child. Orders should be made authorising this.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Application Under Parens Patriae Jurisdiction / Final Orders
Outcome
Application granted
Legal Topics
['parens Patriae' 'medical Treatment of Minors' 'religious Objection to Medical Treatment' 'blood Transfusions']
['health Law' 'family Law' 'equity'] ['parens Patriae' 'medical Treatment of Minors' 'religious Objection to Medical Treatment' 'blood Transfusions']

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Procedural Posture

Application Under Parens Patriae Jurisdiction / Final Orders

Legal Issues

  1. 1 ['Whether the Court should authorise blood transfusions for a minor contrary to parental religious objections' 'Application of parens patriae jurisdiction to medical treatment for children']

Ratio Decidendi

The welfare of the child being paramount, doctors must be able to perform the surgery and, as necessary for that surgery, use such blood or blood products as they believe are necessary for the care and treatment of the child. Orders should be made authorising this.

Court Disposition

Application granted

Orders

  • ['Order in accordance with the Short Minutes of Order initialled and dated 10 August 2018 authorising the use of blood or blood products as necessary for the care and treatment of the child.']