Introduction ("DOES A PARENT HAVE THE LEGAL POWER TO CONSENT TO A SURGICAL PROCEDURE WHICH HAS NO MEDICAL PURPOSE?")
Point I: Constitutional Right Of Safety
Point II: Public Policy of State Of California Is To Protect Children From Harm
Point III: Surgery Without Consent Is Battery
Point IV: Minor Cannot Consent
Point V: Power Of Parent To Consent Is Limited
Point VI: Parents Power To Consent Must Be Limited to Medical Purposes
Point VII: Definition of Medical Treatment
Point VIII: No Medical Treatment Here
Point IX: Facts Recited in Written Instrument Conclusively Presumed True Between Parties
Point X: Superior Court Ruling In Error
Point XI: Further Illustration of Limit of Power to Consent
Point XII: Rules of Law Must be Based Upon Reason Not Upon "Tradition and The Circumcision Mystique"
Point XIII: Further Illustration / Hypothetical Case Number One
Point XIV: Further Illustration / Hypothetical Case Number Two
Table of Contents
STATEMENT OF CASE
STATEMENT OF FACTS
2. Facts Surrounding the Circumcision
I. PARENTAL AUTHORITY TO CONSENT TO CIRCUMCISION DERIVES FROM THE CONSTITUTION, STATUTORY ENACTMENTS REGARDING THE NATION OF "CUSTODY", AND THE COMMON LAW
B. Parental Authority to Consent to Medical Treatment on Behalf of Their Children is Also Embraced Within the Concept of "Custody", Recognized under Common Law and by Civil Code Section 197
C. Parental Authority Extends to Any Medical Treatment, as is Evidenced by Civil Code Section 25.8
III. PLAINTIFF'S PARENTS GAVE THEIR FULL AND KNOWING CONSENT TO THE CIRCUMCISION
B. Plaintiff's Parents Expressly Consented to His Circumcision by Their Conduct
C. The Parents' Consent in this Case was an "Informed Consent"
INTRODUCTORY STATEMENT DISCUSSION
2. UNDER THE ADMISSIBLE EVIDENCE OFFERED TO THE TRIAL COURT, ROUTINE CIRCUMCISION IS NOT MEDICAL TREATMENT
3. APPELLANT'S PARENTS DID NOT GIVE AN INFORMED CONSENT TO THE CIRCUMCISION
Clear half-size photocopy of the original 90 pages. $15 postpaid to U.S. address. Outside U.S. add $5.
John A. Erickson
1664 Beach Blvd. #216
Biloxi, MS 39531-5351
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