Can a minor consent to medical treatment?
minor cannot consent to medical treatment, and a parent, guardian, or person in loco parentis must consent to the treatment of a minor. However, there are several exceptions that permit a minor to consent for him or herself, and these exceptions depend upon either the minor’s legal
What is the concept of consent in medicine?
The concept of consent arises from the ethical principle of patient autonomy[1] and basic human rights.[2] Patient's has all the freedom to decide what should or should not happen to his/her body and to gather information before undergoing a test/procedure/surgery.
What are the prerequisites for consent in medical ethics?
PRE-REQUISITES Patient should be competent[10] to give consent; must be an adult and of sound mind. In case of children, consent must be obtained from a parent. In case of incapacitated persons, close family members or legal guardians can give consent.
What must be included in the patient consent form?
The patient must have been provided with INFORMATION regarding their condition, proposed treatment, risks associated with the treatment and alternative treatment options. 3. The consent must RELATE SPECIFICALLY TO THE TREATMENT GIVEN.
What is the name for a minor who is allowed to choose or reject health care treatment without parental consent quizlet?
What is the name for a minor who is allowed to choose or reject health care treatment without parent consent? Mature minor.
What is the medical assistant's role in the informed consent process?
While the term “consent” in the medical setting refers to a patient's expressed or implied agreement to submit to an examination or treatment, the doctrine of “informed consent” requires that the medical assistant give the patient all the information necessary for a knowledgeable decision on the proposed procedure.
What is the minimum required for expressed consent quizlet?
Expressed consent must be expressed (written), signed/dated by the patient or another person authorized to grant consent on the patients behalf.
What is the name for a minor who is allowed to choose or reject healthcare treatment without parental consent?
mature minor doctrineThe mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so.
What are the medical assistant's ethical responsibility related to patient care in the medical office?
The medical assistant has an ethical responsibility to work with the physician to provide health care. He or she cannot withhold information from the physician related to the patient's disease or condition and also cannot suggest to the patient that the physician's plan of care is inappropriate or invalid.
What is informed consent in healthcare quizlet?
-Informed consent is a signed document stating that the patient understands the medical procedure and the risks involved.
When can a minor give consent for their own care quizlet?
Only ppl age 18 and over can consent to their own medical, dental and health care.
Who is required to obtaining consent from the patient quizlet?
Consent must be obtained from the patient or from a person authorized to consent on the patient's behalf before any medical procedure can be performed. Every individual has a right to refuse to authorize a touching.
Which conditions must be met for informed consent to be considered valid quizlet?
What three conditions must be met for informed consent to be valid and legal? The person must be capable of giving consent, must be over the age of majority (usually age 18), and must be considered competent. The person must receive the information needed to make an intelligent decision.
When can a child consent to medical treatment?
People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances. Like adults, young people (aged 16 or 17) are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
Can a 17 year old consent to medical treatment in Texas?
In Texas, some minors (under the age of 18) are required to obtain consent (click to print consent form in English or Spanish) from a parent or guardian before receiving certain medical services at our health centers.
Can a 17 year old consent to medical treatment in California?
In California, a minor is defined as a person under the age of 18 years. Generally, minors may not consent for medical diagnosis or treatment.
What is chapter 3 of the Medical Office?
Chapter 3: Ethics and Law for the Medical Office. Identify four reasons that medical assisting students can benefit from studying about ethics and bioethics. The study of ethics can help medical assistants develop the analytic skills to assess complex problems and justify solutions.
What is the term for a patient who is given new genes?
d. Gene therapy: Gene therapy refers to treatments in which patients are given new genes or parts of genes that have been synthesized in the laboratory from existing genetic material, both human and nonhuman.
What happens if no action is taken?
If no action is taken, it may be necessary to report the incident to someone higher in the chain of command. If a medical assistant has followed up within the organization without resolution of the situation, it may be necessary to report to the appropriate government agency (in the case of a licensed professional).
Why should medical assistants report unsafe behavior?
A medical assistant should report illegal or unsafe behavior of other health professionals because it can threaten the health and safety of patients. The first step is to notify the supervisor or person to whom the individual reports and keep a written record of the incident and the steps taken.
Why do medical assistants study ethics?
The study of ethics can help medical assistants develop the analytic skills to assess complex problems and justify solutions.
When was abortion legalized?
The abortion issue has been divisive in the United States ever since the U.S. Supreme Court decision upheld a woman's right to abortion in 1973 (Roe v. Wade). Contraception, the use of which is generally accepted as an individual. decision, has provoked controversy with the legalization of the "morning after" pill ("Plan B").
What is the right to life?
Right to life: The right to life includes beliefs about abortion and end-of-life care. Traditionally physicians and other health professionals have no right to end life, even in situations of severe suffering with no hope of improvement. Describe briefly what is included in each of the following ethical rights: b.
What is voluntary consent?
Voluntary consent is consent obtained in the absence of fraud, misrepresentation, duress or coercion. Note that repeated pressure by a healthcare professional in circumstances where the patient is vulnerable can amount to duress or coercion.
What are the elements of a valid consent?
List the 4 elements of a valid consent. 1. The decision to consent must be made VOLUNTARILY. 2. The patient must have been provided with INFORMATION regarding their condition, proposed treatment, risks associated with the treatment and alternative treatment options. 3.
What is implied consent?
Describe implied consent. Implied consent is consent obtained through actions. It may be used to obtain consent when the procedure being performed is simple or a routine investigation, there is common knowledge and understanding of the procedure and the procedure has minimal risks or side effects.
Why is implied consent better than implied consent?
It is often better than implied consent because there is less misinterpretation and miscommunication. However, many medical treatments and their associated consequences can be quite complex and diverse. In addition, there are also often many other alternative treatment options.
When does authorization occur?
Authorization occurs when it is specifically stipulated in legislation that you can perform an action which might otherwise amount to deprivation of liberty. The circumstances surrounding the act are usually very specific, however, and the criteria are set in the legislation.
What is an excuse in law?
Excuse is where the law (usually by an Act of Parliament) excuses conduct which would otherwise amount to an offence (assault). e.g. the criminal Code Act 1899 excuses assault in self-defense against provoked and unprovoked assault or in aiding someone else in self-defense.
Who makes decisions for the patient only when a patient is unable, according to the wishes made known by the patient
paying only for those health care decisions based on the advance directives. ANS: C. A health care agent makes decisions for the patient only when a patient is unable, according to the wishes made known by the patient in advance directives. A health care agent is not responsible for financial decisions or payments.
What is it called when you threaten to give a medication?
Giving (or threatening to give) medications by injection over the patient's objections is considered battery. Threatening the patient or overriding the patient's wishes is a violation of the patient's bill of rights and constitutes assault or battery. 16.
What are the tasks that can be legally assigned to a nurse's aide?
Toileting, feeding, and transporting residents or patients are tasks that can be legally assigned to a nurse's aide. Administering medications is a nursing act that can be performed only by a licensed nurse or by a student nurse under the supervision of a licensed nurse. 5.
Why do nurses need to report a condition?
Nurses must report the condition. It is a nurse's legal and ethical duty to protect patients from impaired or incompetent workers. Allowing the impaired nurse to sleep enables the impaired nurse to avoid the consequences of his or her actions and to continue the risky behavior.
What are the criteria for a minor to be independent?
Criteria are that the minor be independent by court order, be a member of the military, be pregnant, or be married. 27. A written statement expressing the wishes of a patient regarding future consent for or refusal of treatment in case the patient is incapable of participating in decision making is an example of: a.
When is a protective device not used?
ANS: C. A protective device may not be used (except in an emergency) without a doctor's order, and it is used only when other less restrictive means do not provide safety for the patient. 19. An elderly, slightly confused patient sustains an injury from a heating pad that was wrongly applied by the nurse.
Can a nurse be found guilty of battery?
If a nurse performs cardiopulmonary resuscitation (CPR) when the patient stops breathing and then successfully revives the patient, the: a. nurse could be found guilty of battery.
Who reviews state laws pertaining to minors' authority to consent to medical care?
The Alan Guttmacher Institute has periodically reviewed state laws pertaining to minors' authority to consent to medical care and to make other important decisions without their parents' knowledge or permission. This year its review was expanded to also take into account state court decisions and attorneys general opinions ...
How many states have medical consent laws?
In addition to laws and policies that permit minors to consent to specific services, 21 states have statutes that authorize minors to consent to general medical and surgical care, at least under some circumstances, such as having a child, being pregnant or having reached a certain age. In Alabama, for example, minors aged 14 ...
What are the rights of minors?
Many states specifically authorize minors to consent to contraceptive services, testing and treatment for HIV and other sexually transmitted diseases, prenatal care and delivery services, treatment for alcohol and drug abuse, and outpatient mental health care. With the exception of abortion, lawmakers have generally resisted attempts ...
How many states have contraceptive laws?
The review, conducted in July 2000, found the following: • Twenty-five states and the District of Columbia have laws or policies that explicitly give minors the authority to consent to contraceptive services. • Twenty-seven states and the District of Columbia have laws or policies that specifically authorize a pregnant minor to obtain prenatal care ...
Which states prohibit the use of state funds to provide contraceptive services to minors without parental consent?
However, two states—Texas and Utah —prohibit the use of state funds to provide contraceptive services to minors without parental consent. And one state—Iowa—requires that parents be notified if their child receives a positive HIV test. In addition to laws and policies that permit minors to consent to specific services, ...
What is Title X Family Planning?
At the federal level, the focal point of debate over minors' access to confidential services has been the Title X family planning program. Since its inception in 1970, services supported by Title X have been available to anyone who needs them without regard to age. As a result, Title X-supported clinics provide contraceptive services ...
Why is it important for adolescents to have access to confidential services?
Most youth-serving agencies and medical professionals believe that access to confidential services is essential, because many sexually active adolescents will not seek care if they have to inform a parent or have their parent's consent. "Minors' consent laws are extremely important," argues Abigail English, director of the Center for Adolescent Health and the Law. "They encourage young people to seek the health care services they need and enable them to talk candidly with their providers."
Who can consent to health care treatment?
The following individuals may consent to health-care treatment (other than immunization *) of a minor when a parent/conservator cannot be contacted and that person has not given express notice to the contrary: A grandparent of the minor. An adult brother or sister of the minor. An adult aunt or uncle of the minor.
What is the definition of adult care, control, and possession of a minor?
An adult having actual care, control, and possession of the minor as the minor’s primary caregiver under an order of a juvenile court or by commitment by a juvenile court to the care of an agency of the state or county. An adult having actual care, control, and possession of the child as the child's primary caregiver.
What is the AAP?
The AAP recommends that providers develop written guidelines that conform to the laws of consent for the treatment of minors, including specific information on financial billing, parental notification, and patient confidentiality for unaccompanied minors (AAP Committee on Pediatric Emergency Medicine, 2003; 2007).
What is included in consent form?
The consent form must include: The name of the minor. The name of one or both parents, if known, and the name of any managing conservator or guardian of the child. The name of the person giving consent and his/her relationship to the child. A statement of the nature of the medical treatment to be given.
What does it mean when a doctor performs an abortion?
The physician performing the abortion 1) concludes that on the basis of his/her good-faith clinical judgment, a condition exists that complicates the medical condition of the pregnant minor and necessitates the immediate abortion of her pregnancy to a vert her death, or to avoid a serious risk of substantial and irreversible impairment of a major bodily function; and 2) certifies in writing to DSHS and in the patient's medical record that the medical indications supporting the physician's judgment exist.
What is immunity from liability for damages resulting from the examination or treatment of a minor?
Immunity from liability for damages resulting from the examination or treatment of a minor, except to the extent of the person' s own act s of negligence, extends to a physician or dentist licensed to practice in the state or a hospital or medical facility at which a minor is treated. These entities may rely on the written statement of the minor stating the grounds on which he/she has the capacity to consent to the treatment. Texas Family Code § 32.001 (d)
What is considered a minor in Texas?
In Texas, the legal definition of a minor is a person under 18 years of age who has never been married and never been declared an adult by a court.