A little over half of U.S. states have “filial responsibility” laws that can be used to hold children responsible for their parents’ necessary bills, including medical debt.
Full Answer
What happens if a parent refuses medical treatment for a child?
The parent may face child abuse, child neglect and / or assault charges for failing to provide the necessary medical care for the child. Religious Beliefs are Not a Defense for Denying Medical Treatment to a Minor Adults have the right to refuse medical care for religious or personal reasons.
Can a parent be held responsible for a child's medical treatment?
The parents probably signed an express written contract when they took their child in for treatment, while the child perhaps could be held responsible under an "implied contract theory -- in other words when you ask a physician to perform services there is a reasonable expectation that you will need to pay for those services.
Can a state defer to a parent’s medical decisions for a minor?
If any of the criteria described above are not present in a given case then many states will defer to the parent’s decisions regarding medical treatment for the minor child.
Can parents refuse medical treatment based on religious beliefs?
For example, the Christian Science sect is an established one, known for its belief in faith healing. There are, however, some states (such as Colorado) that do not allow parents to refuse their children medical treatment based on religious beliefs. What Can a Physician Do in Cases of Medical Neglect?
Can parents withhold medical treatment?
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
Can a doctor override a parent?
According to McDougall and Notini, physicians have no authority to override a parent; they can only ask the state to do so.
What is minor consent?
Minor consent laws allow young people aged 12 and over to consent to certain services without parent or guardian involvement. Minors may consent to certain services related to sexual and reproductive health, mental health, and drug and alcohol treatment.
Can parents withhold medical information from their child?
Under some circumstances, respect for patient autonomy can paradoxically support withholding medical information. If a patient expresses a desire not to know all or some medical information, then the physician should respect that decision and withhold that information [21, 22].
What if parents disagree on medical treatment?
Legal Options When Parents Disagree on Medical Decisions If there is shared decision-making regarding medical issues and both parents cannot come to an agreement, the court will examine the facts both parties put forth and determine what is in the best interest of the child.
When can the government override a parent's medical decision in the US?
If the child's parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the child's life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.
Can a 12 year old give consent to medical treatment?
Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.
What age can you consent to medical treatment?
Who can give consent? This depends on your child's age and whether they are competent or have capacity to make the decision whether to have treatment. Children under 16 years old can give consent for themselves if they are judged to be capable of making the decision.
What are the 4 types of consent?
Implied Consent. Participation in a certain situation is sometimes considered proof of consent. ... Explicit Consent. ... Active Consent. ... Passive Consent. ... Opt-Out Consent. ... Key Takeaway.
Does parental responsibility mean access?
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child's property. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing.
What decisions should parents make for their child?
Here are ten difficult decisions parents make to ensure their child is on the right path.Choosing a school. ... Which parent is going to stay home. ... Choosing a college out of state. ... When it's time to get a driver's license. ... Vaccinations. ... Unplugging from the internet. ... Arguments. ... Food.More items...•
What counts as proof of parental responsibility?
This could be shown in the form of having your name on the child's birth certificate, but it could also be a consent letter that has been signed and dated by the parent of the child.
Decision-Making Power
Emergency Situations
- When a child needs medical attention, the parent with the decision-making power should control the child’s treatment options. If parents share decision-making power, then both parents will have to come to an agreement about how the child should be treated. However, there is an exception to the decision-making power rules. If the child is seriously ...
Conflicts Between Parents
- When a child is dealing with a long illness or serious injury, the parents may need to make multiple treatment decisions about the best course of action. In these situations, the parents may not always agree on what is best for the child. If this situation occurs when one parent has limited decision-making power, then the solution is simple: the parent with full decision-making power g…
Help For Parents
- Sick and injured children need the full support of both of their parents. For that reason, it is important to negotiate a parenting plan that clearly delineates each parent’s responsibilities in case of an injury, illness, or other medical emergency. At the Law Office of Jonathan M. Galler, P.A., we know how important the health of your children is to your family. If you need assistanc…