Alternativas del derecho médico en los casos de oposición al trasplante de células progenitoras hematopoyéticos menores de edad en Colombia

Abstract

When a child presents a chronic disease, terminal and scarce treatment options, advances in science, research and technology, can provide options that are not yet certain to be successful in its entirety. Bone Marrow Transplantation (BMT) has become, in recent decades, the best alternative not only for patients undergoing high doses of chemotherapy in the treatment of hemato-oncological diseases, but also for high-risk patients in Colombia and in the world. However, the parents of these do not always agree with this innovative treatment and hematopoietic transplants must be seen also under the bioethical and legal view. For this reason, a systematic documentary review of the national and international bibliography was carried out in the context of medical law in the ProQuest, Scopus, EBSCOHost, PubMed and Redalyc databases. Articles and documents were taken in both Spanish and English, published in the last 17 years, that is, from 2000 to 2017, and that were freely accessible. In addition to the above, normative and jurisprudential information of Colombia was taken, related to the topic, regardless of the year. The bibliographic search focused on two key points: existing legislation and jurisprudence regarding the rights of children and opposition to medical treatment, legal medical experiences in cases of opposition to treatment and alternatives to legal medical solutions when there is opposition to transplant treatment.