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Can Vaccine Refusal Constitute Medical Neglect? :

September 29, 2020

In this month’s Ethics Rounds in Pediatrics, Dr. Rebecca Rossi and her coauthors present an unusual case that raises the question of when does vaccine refusal constitute medical neglect (10.1542/peds.2020-0768)?

In this month’s Ethics Rounds in Pediatrics, Dr. Rebecca Rossi and her coauthors present an unusual case that raises the question of when does vaccine refusal constitute medical neglect (10.1542/peds.2020-0768)?

Vaccination can be viewed as a public health or a clinical intervention. As a public health intervention, one goal of vaccination is to reduce transmission and, in turn, the government can use its powers to require vaccination to protect others. As a clinical intervention, the goal is to promote the individual’s own interests by preventing them from contracting a vaccine preventable illness. While the government can use its jurisdiction as parens patriae to require treatment in cases of medical neglect, vaccine refusal does not usually constitute medical neglect. Un- or under-vaccinated children are not at an imminent risk of death or serious disability.

Rossi et al present a case in which a child’s chronic health condition substantially changes the risk of being inadequately vaccinated. The child is a 2-year-old, partially vaccinated boy with sickle cell disease requiring chronic transfusion therapy. He has developed recurrent splenic sequestration and his providers recommend a splenectomy. His parents agree to the splenectomy but adamantly refuse preoperative vaccination against gram-positive encapsulated organisms. His providers are also concerned that the boy’s parents are nonadherent with his antibiotic prophylaxis. The boy is therefore at substantially higher risk of overwhelming post-splenectomy infection.

How high would this risk need to be to refer his parents to child protective services or rescind the recommendation of a splenectomy? Link on this month’s Ethics Rounds to read Rossi et al’s analysis and recommendations and see if you agree.

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