Question about forced medicating...

I am a google idiot, so please forgive me for asking a stupid question, but I honestly couldn't find anything on it. Can you be legally forced to medicate your child? For instance, if your child's doctor prescribes antibiotics or ritalin are you required to put them on it or it will be considered medical neglect? ANY information you might have about this would be most helpful! Thanks

Its like everything some medications are necessary for the well being of a child and others are just medications that we elect to given them.

Its more of a common sense approach, if is a life and death situation, will you deny medication to your child?

If denying medication put his life in danger then you can be liable.

What I am actually looking for (should have made myself more clear) are links to laws concerning psychotropic drugs. For instance if my childs doctor prescribed ritalin, would I be required by law to put them on it. Of course I would never deny my children a life saving operation or anything. I just do not always think that medicating your child for behavioral disorders should be the first answer.

[edit on 30-4-2005 by not_just_paranoid]

No, for cases like behavior, unless your child is so disruptive that a mental disorder can be diagnosed the doctor can not tell you to give your child a certain drug.

Still you have to be recommended for further test by experts or you can look for second opinions.

The doctor can "recommend" a particular medication like Ritalin, but is up to you to given it to your child or not.

In extreme cases like attempt suicide still the doctor can not force you to give a particular medication for your child without your consent and further testing by a doctor specialized on the type of problems.

I know because I have my own personal story with Ritalin when my child was 12.

Doctors can recommend but they can not force you........... and you always has the choice of a second opinion.



[edit on 30-4-2005 by marg6043]

Hello! I'm a bioethicist who just joined the board.

According to US laws, a parent is not mandated to necessarily follow the orders of a doctor, nor are they mandated to even seek a doctor's help. We see a lot of these cases with the Christian Scientists and so forth who refuse to seek any medical treatment and would rather let their child die. Unfortunately, at least according to my own views, this has been largely ignored by the US court system. However, you can find a few resources to help in your studies (or whatever you're looking it up for). Look for the death of Robyn Twitchell case. A jury found them guilty and the prosecutor only wanted 10 years probation for a negligent death. However, they appealed and won on the fact that their state (MA), as well as 44 other states make "spiritual healing" exempt from such prosecutions. Talk about paternalism at its worst.

Here is a little more information so maybe you can understand why I am asking. My son is starting school soon, and he is autistic and also has OCD. I disagree with the diagnosis of OCD, but even if I did agree with it, I wouldn't medicate him for it. Anyway, I am scared that the school will want me to go take him to the doctor (sometimes he can be hard to deal with) and then a doctor will possibly medicate him. Autism is NOT a behavioural disorder, but I it still doesn't make me feel any better. I am scared to they will try and force me to medicate him. That isn't the route I want to go.


Edit to say: Thanks a bunch marg and concept, I appreciate the replies! I have just heard so many horror stories about these things. Can't remember where I read it, but a judge some where ruled that a child HAD to have ritalin (even though it caused extreme side effects). The parents then tried to homeschool him and the judge said he STILL had to be on it! In cases like that I just don't understand. Will try to find the article and post it.

[edit on 1-5-2005 by not_just_paranoid]

Putting a child on Ritalin is a personal choice. Just because a doctor prescribes it doesn't mean you have to fill the prescription. If your child does not have ADHD he should not be on Ritalin. Ritalin does not help autism or OCD. There is a connection between ADHD and Autism and sometimes they are confused with one another but Ritalin should NEVER be used to treat autism.

And the school has NO right to tell you to medicate your child. NONE. Don't let them bully you into anything. They aren't even allowed to SUGGEST medicating your child.

I am going to U2U you information about a site that can help you with this sort of situation.

Jemison

Jemison, thanks so much for the reply!!! I know they don't put children with autism and ocd on ritalin, but I didn't know how familiar people would be with ocd meds and everyone seems to know what ritalin is. I am just wanting general info on forced medication, the ritalin was just an example. Your post made me feel better hearing that the schools aren't allowed to suggest it. I knew they passed a law saying schools couldn't refuse to educate your child due to you not putting them on meds they suggested (or something like that), but didn't know they couldn't suggest it!! Thanks so much for the info you U2Ued!

While you're right that a school cannot deny them an education due to you not making your child use meds, they can lobby for a tranfer to an alternative school since, in their "sober" state, they can become a distraction for other kids. While I, too, am anti-psychotic drugs, particularly how they are used in America, if your child becomes a distraction for the class, they can be legally removed. If you know your child can become that unruley, and you refuse to put him on meds, I would suggest registering him in some sort of an alternative school that deals with kids. A child that is autistic will not learn very well in a regular school, anyway, and those alternative schools (or "special" schools, however you want to put it) know how to deal with these kinds of kids.

[edit on 5/1/05 by concept]

Originally posted by concept
While you're right that a school cannot deny them an education due to you not making your child use meds, they can lobby for a tranfer to an alternative school since, in their "sober" state, they can become a distraction for other kids. While I, too, am anti-psychotic drugs, particularly how they are used in America, if your child becomes a distraction for the class, they can be legally removed. If you know your child can become that unruley, and you refuse to put him on meds, I would suggest registering him in some sort of an alternative school that deals with kids. A child that is autistic will not learn very well in a regular school, anyway, and those alternative schools (or "special" schools, however you want to put it) know how to deal with these kinds of kids.

[edit on 5/1/05 by concept]

I never even realized that this was an option, the alternative school thing. At least not once they got into elementary. I will check into that, because ultimately, that is actually what I prefer. At least to start with.

Oh, of course that's an option. The only problem you might have is finding such a school in your district (I'm not sure how big your city is) or close enough that you don't mind driving a bit every day.

Good luck!