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MLA
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Law
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Coursework
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English (U.S.)
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Topic:

Bioethical Dilemmas: Children as Research Subjects and Organ Donors

Coursework Instructions:

Week8 Tutorial Questions
Questions:
TQ 8.1: Grimes v. Kennedy Krieger Inst.: In Hart v. Brown, the court held that “nontherapeutic operations can be legally permitted on a minor so long as the parents or other guardians consent.” How does the Grimes court distinguish Hart v. Brown from Grimes? What limitations does the Grimes court place on parental rights? What problems does the court identify with the consent agreements the parents signed?
TQ 8.2: Oberman & Frader: What is the therapeutic misconception? How do health care professionals contribute to the therapeutic misconception?
TQ 8.3: Fisher & Mustanski: What barriers do researchers face when attempting to conduct studies involving LGBT adolescents?
TQ 8.4: Curran v. Bosze: Under what circumstances may a parent to consent to a minor donating bone marrow? What factors will the court consider when determining whether the facts satisfy that standard? TQ 8.5: Abel: What are the two different types of hormone therapies used to treat gender dysphoric children? What are the risks and benefits of each?
Week8: Discussion Questions
Questions:
DQ 8.1: Paul Ramsey has argued that, given children’s inability to consent, children should be precluded from participating in medical research unless it has the potential to provide direct benefits to them. In contrast, Richard McCormick has argued that children should be permitted to participate in clinical trials even if they will not benefit from participation if such participation could benefit other children in the future, provided the risks to the children participating in the study are not excessive. How should lawmakers protect children’s interests while also supporting medical research that has the potential to benefit other children?
Week 8: Discussion Board Question 2
Questions:
DQ 8.2: Adolescents with gender dysphoria may benefit from cross-sex hormone treatment as it allows the outward gender to conform to the experienced gender. However, cross-sex hormone treatment is likely to render patients infertile and the long-term risks of such treatment are unknown. In addition, some adolescents who undergo cross-sex hormone treatment eventually decide to revert to their natal gender. Given these considerations, how should lawmakers and medical professionals balance the present interests of children with gender dysphoria against their long-term interests?
****** Reading Lists
A. Children as Research Subjects
- Grimes v. Kennedy Krieger Inst. (Md App 2001)
- Oberman & Frader, Dying Children and Medical Research
- Fisher & Mustanski, Reducing Health Disparities and Enhancing the Responsible Conduct of Research Involving LGBT Youth
B. Chilren as Organ Donors
- Curran v. Bosze (Ill. 1990)
C. Treating Gender Dysphoria
- Abel, Hormone Treatment of Children and Adolescents with Gender Dysphoria

Coursework Sample Content Preview:
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TQ 8.1 Grimes v. Kennedy Krieger Inst & Hart v. Brown
Hart's case differed from Grime's case. Even though parental consent was essential in both cases, the Hart case considered the donor's well-being and willingness to donate a kidney. Second, in the Hart case, the nurse conducting the transplant declined to perform the transplant, not unless the court declared full consent from the involved parents. In addition, even though there were risks involved, the court examined them and informed the guardians and the twin sisters. Margaret, the donor, agreed to donate the Kidney to Kathleen anyway.
Third, even though the operation was nontherapeutic to one child, it was therapeutic to another. Kathleen, the donee, would be affected by the immunosuppressive drugs, but the court sought consent from the donor, clergypersons, and guardians. All thought it was in the twins' best interest to go ahead with the operation.
However, Grime's case addressed the parents' consent authority to the children being research subjects without being a direct benefit to them. The parents were enticed to the study, and the researchers did not alert the parents of the risks involved. Thus, minor involvement in the Grimes case was not identified, while in the Hart case, the nurse to conduct the procedure sought consent and informed the participants of the risks and benefits involved.
In both cases, minors were the subject of the study. The difference is, in the Hart case the twins, which were 7 years old were the subject of the non-therapeutic and therapeutic with their consent and that of their guardian. One of the kids was a beneficiary while the other was the donor. In Grimes's case, the minors were involved in the research but the parents were beneficiaries. It became a major case when one of the kid's blood had risks involved. The families targeted in the research were low-income earners and thus easily gave in to the study. Thus, in both cases, the minors were the subject of research even though in Hart's case, one was a therapeutic cause.
Grimes's case allowed parents to consent for their siblings while in Hart's case, consent from the guardians and caregivers was not enough. Thus, there was further examination of the risks and benefits and donor consent was considered.
TQ 8.2 Therapeutic Misconception.
The therapeutic misconception is when the patient believes a research project will directly benefit them via ordinary trials than imperative clinical research.
Health care professionals contribute to the therapeutic misconceptions by failing to give the entire concept of the trials from phase 1 to the expected results, risks involved, and sometimes the children involved might not be healed. Also, the misinformation by the healthcare providers that the children will benefit in the first phase of the trial, which in most cases does not happen, provide a therapeutic misconception. (Oberman & Frader)
TQ 8.3 Barriers to LGBTQ Research
Federal regulations inhibit research among minors and adolescents, limiting clinicians and researchers to studying the LGBTQ community comprehensively. Also, parents do not consent to the children in fear of the stigma associated with revealing coming out as a membe...
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