Do nurses need a minor’s consent?
Most nurses view obtaining consent and providing treatment as routine. But when the patient is a minor, especially an older child or adolescent, obtaining consent can be anything but routine. How can a nurse know when a minor can grant consent and when consent must come from parents or guardians?
What are a minor’s rights to consent to treatment?
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding privacy are discussed. Typically, the right to consent to treatment goes hand-in-hand with the right to confidentiality.
What happens if a parent does not consent to medical treatment?
For example, parents may not consent to medical care for a child, even though without it, the child will die or suffer serious harm. In these situations, the hospital’s attorneys will ask the court to remove the parents as the decision makers and appoint a legal guardian to make decisions.
Can a step parent give medical consent for a minor?
A A stepparent does not have the authority to give legal consent to medical treatment for a minor stepchild unless the stepparent has legally adopted the child or been designated a legal guardian. Q Can a foster parent give consent for a minor patient?
What happens if informed consent Cannot be obtained?
In both medical and legal terminology, this is called "informed consent." If a doctor does not get informed consent from a patient, and the patient is injured, the patient may have grounds to sue the doctor for medical malpractice.
What are the steps to properly obtain consent from someone in need of care?
Obtaining informed consent in medicine is process that should include: (1) describing the proposed intervention, (2) emphasizing the patient's role in decision-making, (3) discussing alternatives to the proposed intervention, (4) discussing the risks of the proposed intervention and (5) eliciting the patient's ...
How do you obtain informed consent from an incompetent patient or a minor?
Patients who are medically incompetent may not give a valid consent. The EMS provider should attempt to ascertain whether the patient has a representative such as a guardian, agent under the Health Care Powers of Attorney Act, or surrogate under the Health Care Surrogate Act.
How does the nurse ensure informed consent?
Participating in Obtaining Informed Consent The nurse is responsible and accountable for the verification of and witnessing that the patient or the legal representative has signed the consent document in their presence and that the patient, or the legal representative, is of legal age and competent to provide consent.
What are the 5 essential elements of the informed consent process?
B. Basic Elements of Informed ConsentDescription of Clinical Investigation. ... Risks and Discomforts. ... Benefits. ... Alternative Procedures or Treatments. ... Confidentiality. ... Compensation and Medical Treatment in Event of Injury. ... Contacts. ... Voluntary Participation.
Which of the following is necessary in obtaining informed consent?
The informed consent form must be written in language easily understood by the subjects, it must minimise the possibility of coercion or undue influence, and the subject must be given sufficient time to consider participation.
How does informed consent apply to children?
Informed consent means approval of the legal representative of the child and/or of the competent child for medical interventions following appropriate information. National legal regulations differ in regard to the question when a child has the full right to give his or her autonomous consent.
Can a doctor treat a child without parental consent?
You can provide medical treatment to a child or young person with their consent if they are competent, or with the consent of a parent or the court. You can provide emergency treatment without consent to save the life of, or prevent serious deterioration in the health of, a child or young person.
What are the 4 principles of informed consent?
There are 4 components of informed consent including decision capacity, documentation of consent, disclosure, and competency.
When witnessing an informed consent the nurse must ensure?
The nurse must verify that consent is informed and witness the client sign the consent form. The form for informed consent must be signed by a competent adult.
Which consideration would the nurse make when obtaining an informed consent from a 17 year old?
What should the nurse consider when obtaining an informed consent from a 17-year-old adolescent? A person is legally unable to sign a consent until the age of 18 or 19 years (depending upon individual state or provincial laws) unless the client is an emancipated minor or married.
What to do if a patient Cannot give consent?
Consent needs to be sought for emergency treatment for competent patients. If consent cannot be obtained, doctors should provide medical treatment that is in the patient's best interests and is immediately necessary to save life or avoid significant deterioration in the patient's health.
Why are minors removed from custody?
Although laws vary from state to state, courts have consistently removed minors from their parent’s custody to ensure treatment for life-threatening illnesses. Best outcome for all. The issues surrounding minors and informed consent aren’t as straightforward as they once were.
How to help a child understand treatment?
Work with the parents to create an environment that allows the child to be an active participant. Use pediatric learning and communication tools and toys to help the child to understand the treatment plan.Excluding the parents. Sometimes, parents make treatment decisions that aren’t in their child’s best interest.
What is an emergency treatment exception?
The emergency treatment exception allows you to treat minors in emergency or life-threatening situations when a parent or guardian can’t be reached to give consent. The legal definition of an emergency medical condition is any condition that threatens the loss, impairment, or serious dysfunction of life or limb or causes severe pain. ...
What is patient assent in pediatrics?
The American Academy of Pediatrics uses the term patient assent to describe the pediatric patient’s involvement in decision making. This concept requires you to consider the developmental level of the child, the child’s interest in and understanding of the treatment plan, and the child’s comments regarding the treatment.
What is an emancipated minor?
An emancipated minor is considered a competent adult with the authority to accept or refuse medical treatment. Not all states have emancipation statutes, but those that do allow emancipation if a minor has entered into a valid marriage, is a member of the military, or has been granted emancipation by a court.
What is mature minor?
In short, the minor must be independent of the care and custody of parents. Mature minors. The mature minor doctrine allows some decision making for adolescents who have the capacity to make decisions but who are not legally emancipated.
When is the mature minor doctrine applied?
The mature minor doctrine is applied when a minor is age 16 or older and understands the medical procedure and the procedure isn’t serious. Based on the need to promote a healthy society and the health of the minor, a minor with certain health conditions may seek treatment without parental consent.
What is the age limit for consent for minors?
Informed Consent for Minor Patients. The law authorizes parent (s) or guardian (s) of a minor (anyone under the age of 18) to give informed consent for most medical decisions on behalf of the child. Claims by parents alleging treatment of a minor patient without the consent of the parent are relatively rare.
What happens if a parent has sole legal custody?
If a parent has sole legal custody, that parent has the sole legal right to make health care decisions for the child. Q Do legal guardians have the same rights as parents to give consent to treat a minor? A A legal guardian has the same authority to consent to medical treatment for a minor as a parent would have.
What happens if you share custody of a child?
A If the parents share joint legal custody, they “share” the right to make health care decisions for their child. Either parent alone may consent to a recommended medical procedure unless the court issuing the order of joint legal custody has specified that the consent of both parents is required for certain, or all, medical decisions.
Can a stepparent give consent to a minor?
A A stepparent does not have the authority to give legal consent to medical treatment for a minor stepchild unless the stepparent has legally adopted the child or been designated a legal guardian.
Can a minor be examined by an ophthalmologist?
A If a minor patient needs a series of treatments or exams, it is strongly advised that the parent/guardian sign a consent form prior to the first treatment stating that the minor patient can be treated and examined by the ophthalmologist and staff even if the minor patient is not accompanied by an adult.
Can a minor patient be treated without consent?
Claims by parents alleging treatment of a minor patient without the consent of the parent are relatively rare. OMIC has never handled a claim involving this legal issue, yet questions have come up from insureds concerning informed consent and treatment of minor patients. Laws vary from state to state, but here is a general approach to the situation.
INTRODUCTION
Minors (persons under the age of legal consent as defined by state law) often require care in the prehospital environment and present to emergency departments (EDs) with medical concerns. Parental consent generally is required for the medical evaluation and treatment of minor children.
EVALUATION AND TREATMENT OF THE UNACCOMPANIED MINOR
If a parent or legal guardian is present or available, the health care professional treating the child should make every reasonable effort to obtain and document informed consent. Children occasionally present to the ED unaccompanied by a parent or legal guardian.
EMANCIPATION AND THE MATURE MINOR DOCTRINE
There are 3 situations in which a minor, rather than his or her parents, has the legal authority to make decisions regarding his or her health care: emancipation; the mature minor exception; and exceptions based on specific medical conditions.
CONSENT FOR NONURGENT PEDIATRIC CARE OF CHILDREN ACCOMPANIED BY SOMEONE WHO IS NOT AUTHORIZED TO PROVIDE LEGAL CONSENT
Health care professionals should refrain from providing nonurgent testing and treatment to children who present to medical facilities unaccompanied by a custodial parent or legal guardian.
REFUSALS OF CONSENT FOR EMERGENT EVALUATION AND TREATMENT
A particularly challenging situation occurs when the health care professional is faced with a legal guardian who refuses to give permission for treatment of a child in situations in which such treatment is considered essential to the child's well-being.
INFORMED CONSENT AND THE LANGUAGE BARRIER
If a language barrier exists, informed consent for medical treatment should, when clinical circumstances permit, be obtained through a trained medical interpreter.
CONSENT AND CONFIDENTIALITY
State statutes that allow the consent of a minor do not all guarantee an adolescent protection from parental disclosure. However, some states explicitly require either confidentiality or parental notification.
What is patient consent?
Patient consent is a key legal and ethical principle in American medicine. Our society’s view of consent for medical diagnosis and treatment is based on the broad notion of the inviolability of the individual. Courts recognized this principle as applying to medical treatment as early as 1914 when the famous legal scholar, Benjamin J. Cardozo, then a justice of New York’s highest court, wrote that: "Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . . " 1 In general terms, this means that, absent consent, every person has the right to be free from intentional offensive contact by another. Failure to obtain consent prior to intentionally touching another person subjects the touching person to potential liability for battery. Since the general acceptance of the doctrine of informed consent was adopted, actions specifically brought for the intentional tort of battery in the medical setting are rare. If a physician has failed to obtain proper informed consent from a patient (a parent or guardian in the case of a minor), the action will generally be for malpractice, and the plaintiff will be required to prove that the physician breached the standard of medical practice in not obtaining the patient’s informed consent, as well as all the other elements of a negligence action.
What is consent for special procedures?
It has been the tradition in emergency medicine, in the case of both adults and children, to obtain specific consent for the performance of certain special procedures. This consent may create particular problems when parents are asked to consent to these procedures on their children.
What is blanket consent in emergency medicine?
It has been the tradition in emergency medicine, in the case of both adults and children, to obtain specific consent for the performance of certain special procedures. This consent may create particular problems when parents are asked to consent to these procedures on their children. Just what is and what is not covered by the blanket consent given at the admission desk is a subject of some controversy. While it is generally felt that ordinary examinations and procedures that carry a low risk of complications are covered by the blanket consent, procedures that carry higher levels of risk require specific consent. It is important for physicians always to remember that informed consent is an ongoing discussion with the patient (in the case of minors, the parent or guardian), not a signature on a form. The purpose of the form is merely to memorialize the informed consent discussion that took place and to provide evidence that the discussion in fact took place and that specific risks and benefits were discussed.
What is the law regarding minors?
State law may provide that a child who becomes ill or injured at school during regular school hours may receive reasonable treatment without the consent of the child’s parent or guardian when the parent or guardian cannot be reached. For example, California law provides that during regular school hours, "unless a parent or guardian has previously filed with the school district a written objection to any medical treatment other than first aid, no liability may be imposed on school officials or health care providers for reasonable treatment of a child when the parent or guardian cannot be reached to give consent." 6
Do you need special consent for lumbar puncture?
Most emergency physicians would agree, however, that this procedure is relatively simple to perform and carries very little significant risk; therefore, should not require a special consent. The tradition of special consent for this procedure probably originates in its undeserved bad reputation among many parents. The not uncommon terrified parental reaction when a physician recommends an LP never fails to amaze emergency physicians. Even a careful explanation of the need for the LP and a description of the procedure often fails to allay parental fears. The most common concern, of course, is paralysis. How many parents know of someone who heard that someone’s cousin was left permanently in a wheelchair as a result of an LP?
Can a minor give consent to medical treatment?
All states have enacted statutes that permit minors to give consent for medical treatment in certain situations (e.g., pregnancy, sexually transmitted diseases, substance abuse, etc.). It is important to remember that the circumstances under which a minor may authorize his or her own medical treatment vary widely from state to state.
Do the right things in the ED?
If one thing must be remembered regarding consent for minors in the ED, it is to "Do the Right Thing." The general rule is that, prior to treatment of a minor, consent from the minor’s parent or guardian is required. There are, however, numerous exceptions to this rule, most importantly, the "emergency exception." When parents or legal guardians are not available, the law requires appropriate medical screening and stabilization of emergencies with or without consent. When parents are available but refuse life-saving treatment, the law provides mechanisms to temporarily take the child into the custody of the court. The true test of the emergency physician’s interpersonal skills lies in handling the difficult cases that do not amount to life-threatening emergencies, but when delay in treatment would be detrimental to the child. In these cases, the physician’s job is to convince hesitant caregivers of what is best for the child without becoming defensive or hostile if the physician’s recommendations are challenged. Only by demonstrating patience and calm will the emergency physician engender the trust necessary to accomplish what is best for the child.
What to do if a minor is not legally competent to consent for treatment?
If the minor is not legally competent to consent for treatment and presents with a guardian, the provider should still make every effort to inform the minor patient of the treatment to the extent of their cognitive capacity. The clinician should be extremely wary of treating a minor patient who declines treatment.
What is consent for a minor?
All states allow a minor to consent for the diagnosis and treatment of drug- and alcohol-related issues and for the diagnosis and treatment of sexually transmitted disease. Some states also allow for the diagnosis and treatment of issues surrounding pregnancy, HIV, and AIDS. Many state’s statutes also address consent issues surrounding an ...
What happens if a minor refuses routine care?
If a minor refuses routine care after its explanation and has an intelligent understanding of the treatment and available options, a provider who continues with the treatment over the minor’s reasonable objections runs a considerable legal risk unless a medical emergency makes the treatment time critical.
Should urgent care physicians delay the urgent care of a minor while waiting for consent?
Most importantly, again: urgent care physicians should never delay the urgent or emergent care of a minor while waiting for consent. Common sense should prevail; thus, physicians should be guided by the proviso to provide what is in the patient’s best interest. The Question of Competence.
Do you need parental consent for child abuse?
Parental consent to treat the minor is also not required in cases of alleged or suspected child abuse; the proper governmental authorities must be contacted in such a situation. In some states, a caretaker can assume a parental role by acting in loco parentis (in the place of a parent).
Who can give consent to a child in loco parentis?
For routine health matters, consent may be given by any number of persons acting in loco parentis (e.g., foster guardians, adult relatives, officials in child welfare agencies, or the juvenile justice system).
Is a minor competent to consent?
The Question of Competence. In some instances, a minor is deemed competent to consent for his own treatment. This competence is closely aligned to cognitive ability, as opposed to being strictly tied to chronological age. All states allow a minor to consent for the diagnosis and treatment of drug- and alcohol-related issues and for ...
What is the law that allows a minor to give consent to HIV testing?
Laws that explicitly allow a minor to give informed consent to HIV testing, treatment, and/or prophylaxis, including pre-exposure prophylaxis (PrEP), or. Laws that allow a minor to give informed consent to general health care, services, or procedures. As of 2020, all jurisdictions have laws that explicitly allow a minor of a particular age ...
Can a minor give consent to HIV treatment?
Jurisdictions have different types of laws, and the age at which the minor has the legal right to provide informed consent to receive STD or HIV services varies by jurisdiction: Laws that explicitly allow a minor to give informed consent to receive STD diagnosis and treatment, and/or prevention. Laws that explicitly allow a minor ...
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 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 the duty of a parent in Texas?
Under Texas Family Code § 151.001, parents have the: Duty to provide a minor child with medical and dental care. Right to consent to the minor’s medical and dental care . When parents are divorced: Either parent can give consent for any emergency health care, including surgical procedures.
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.