© 2005 Archives of Disease in Childhood Fetal and Neonatal Edition
COMMENTARY
Commentary on "Pulmonary tuberculosis and extreme prematurity"
University of Leicester, Leicester, UK; alun.elias-jones@uhl-tr.nhs.uk
| The first 150 words of the full text of this article appear below. |
The case reported by Katumba-Lunyenya et al raises a number of ethical and legal issues, particularly in relation to consent and disclosure of information.
The primary duty of the paediatrician is to act in the child’s best interests as established by the Children Act1 and subsequent case law.2 Although Article 8 of the Human Rights Act 1998, the right for "respect of family and private life", is relevant, the House of Lords has determined that there is nothing in the Human Rights Act that will alter the interests of the child being paramount.3 Article 8 is not an absolute right and may be breached if the person:
- acts in accordance with the law
- is pursuing a legitimate aim
- has sufficient and relevant reason
- acts proportionately
Clearly, the mother was giving informed consent for neonatal intensive care and for the team’s management. We are told that the father was the husband
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