A stepparent may not consent to the medical treatment of their stepchild because a stepparent does not, merely by reason of such relationship (marrying a parent), acquire a parental status. Rutkowski v. Wasko, 286 A.D. 327, 331 (3d Dep't 1955).
Full Answer
Can a step parent authorize medical treatment for a stepchild?
Feb 14, 2017 · There have been a number of cases dealing with the law of consent to medical treatment in recent years, the most notable of which was the Supreme Court decision in Montgomery v Lanarkshire Health Board [2015], a case which redefined the legal relationship between doctors and patients. This article looks not only at the case of Montgomery but also …
What are a parent's rights to medical consent in Texas?
Medical Consent for Your Stepchild. Because you have no official legal status, the medical community may not allow you to authorize medical treatment for your stepchild. And because, legally, stepparents have no authority, care providers have developed some policies to deal with the issue. Say you walk into Emergency with Billy, who is choking to death on a cherry-flavored …
When does a court order override a parent's refusal to consent?
The short answer is no. A stepparent may not consent to the medical treatment of their stepchild because a stepparent does not, merely by reason of such relationship (marrying a parent), acquire a parental status. Rutkowski v. Wasko , 286 A.D. 327, 331 (3d Dep't 1955).
What are some recent cases dealing with the law of consent?
Aug 01, 2003 · The court explained that in a situation where the medical treatment proposed for a child is not life-saving or life-sustaining, a court order is needed to override a parent's refusal to consent to the treatment. By contrast, the court explained, where the need for life-sustaining medical treatment is an emergency, time constraints will often not permit resort to the courts. …
Can step parents make medical decisions?
Can doctors override parents?
What happens when divorced parents disagree on medical treatment?
What is considered a major medical decision?
Can parents withhold medical treatment?
When can the government override a parent's medical decision in the US?
Can a parent refuse medical treatment for their child?
When parents disagree with doctors on a child's treatment who should have the final say?
Who makes medical decisions if you are incapacitated?
When parents disagree with each other on medical treatment?
Do both parents have to agree on medication?
Who has right on child after divorce?
Overriding Parental Decision to Withhold Treatment
Virtual Mentor. 2003;5 (8):247-250. doi: 10.1001/virtualmentor.2003.5.8.hlaw1-0308.
Legal Analysis
The above facts are adapted from HCA, Inc v Miller [1]. The Millers filed a lawsuit against HCA, Inc, HCA-Hospital Corporation of America, Hospital Corporation of America, and Columbia/HCA Health Care Corporation (collectively "HCA"), asserting that they were liable for the actions of their subsidiary hospital.
Can a minor give consent to medical treatment?
Minors, unlike adults, are generally presumed to be incompetent. Therefore, they are unable to give consent to medical treatment and procedures. In these cases, the parent or guardian of the child must give consent on the minor’s behalf.
What happens if a doctor doesn't give consent?
If a doctor fails to obtain informed consent for non-emergency treatment, he or she may be charged with a civil offense like gross negligence and/or a criminal offense such as battery or gross negligence which is the unauthorized touching of the plaintiff's person. In a civil suit, the patient would have to show two elements. Medical treatment could be unauthorized because the doctor didn’t fully explain either the procedure or the risks associated with the procedure. First, the patient must show that the doctor performed the treatment or procedure without her informed consent. Second, the patient has to show that had she known about the risks of the procedure, she would’ve decided not to have it done and, therefore, avoided the injury.
Is informed consent legal?
The informed consent process isn’t only an ethical obligation for doctors -- it is also a legal one. State laws often take a patient-centered approach.
What is informed consent?
Informed Consent. Virtually all states have recognized, either by legislation or by common law, the right to receive information about one's medical condition, treatment choices, risks associated with the treatments, and prognosis.
How to get custody of a child?
Most medical aspects of a custody order are open-ended, but give one parent (typically the custodial parent) the final decision-making power if parents can’t agree. Custody orders can be even more detailed setting forth: 1 circumstances that warrant taking the child to a doctor 2 providing a list of approved physicians, and 3 requiring parents to share and disclose the child’s medical records within seven days of any doctor visit.
What is a custody order?
A typical custody order will address which parent pays for health insurance, how parents will split medical costs and bills, and whether one or both parents will have the final say on major medical decisions. If your child has an existing medical condition like asthma or a heart condition that requires a future surgery, ...
What to do if your child has a heart condition?
If your child has an existing medical condition like asthma or a heart condition that requires a future surgery, you may want to plan ahead and address future costs and procedures . For example, your order could state that both parents agree to pursue a specific heart surgery for the child’s condition.
What is legal custody?
In general, “legal custody” allows you to make medical decisions on your child’s behalf. Parents can share legal custody of their children (called “joint legal custody”) or just one parent can have legal custody (called “sole legal custody”). A parent with sole legal custody controls all decisions involving the child, ...
Can a parent have joint custody of a child?
Parents can share legal custody of their children (called “joint legal custody”) or just one parent can have legal custody (called “sole legal custody”). A parent with sole legal custody controls all decisions involving the child, including the child’s medical treatments.
What happens if you don't have legal custody of your child?
Even if you don’t have legal custody of your child, you still have the right to rush your child to the ER or call an ambulance in an extreme emergency. However, in emergency situations where you don’t have access to your child and the child’s other parent isn’t providing medical care, you may need a court to take action. An experienced family law attorney can help you review your options, which may including filing a temporary restraining order or emergency custody motion.
What is the right of parents to make decisions for their children?
The Supreme Court of the United States has long upheld the right of parents to make decisions for their children based on religious grounds . Generally, when the physical or mental health of the child is not at stake, states and courts defer to the decisions of the parents. For medical decisions, mental or physical health will always be at stake, so a different balancing process must be employed to ensure that the state carries out its duty to protect its citizens but does not infringe on the rights granted to individuals by the First Amendment to the Constitution.
What is the end result of a court battle over the provision of medical treatment?
The end result of a court battle over the provision of medical treatment depends on the type of objection—religious or secular, the proposed treatment and the prognosis for survival with and without treatment. Religious objection to standard medical therapy is often legally valid when the treatment is more likely to fail than succeed. Respect for religion has forced courts to recognize that medical decisions are not always scientific—many people rely on faith to heal them. On the other hand, the right to refuse treatment based on religious objection is not absolute. In cases where adherence to religious tenets that prohibit standard, life-saving care, e.g., blood transfusion, would almost certainly lead to a child’s death, the courts have decided that parents cannot make martyrs of children who are too young to have consented to embrace the faith.
Who is Lee Black?
Lee Black, LLM is a policy analyst for the Council on Ethical and Judicial Affairs at the American Medical Association in Chicago, Illinois. Prior To joining the AMA, he was a staff attorney with the Legislative Reference Bureau in Springfield, where he drafted legislation for the Illinois General Assembly.