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.
Full Answer
Can a doctor treat a minor without parental consent?
STATES HAVE ENACTED STATUTES, and courts have proffered an abundance of case law on the treatment of minors. There have been no reports of physicians being held liable for rendering emergent or urgent care to minors prior to obtaining parental consent.
What happens if a minor refuses medical treatment?
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.
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 a parent obtain health information about a minor child?
Regardless, however, of whether the parent is otherwise considered a personal representative, the Privacy Rule defers to State or other applicable laws that expressly address the ability of the parent to obtain health information about the minor child.
Do doctors have to tell parents if minor is pregnant?
Most health care providers keep their clients' information confidential. Specific laws about what doctors have to tell your parents can vary from state to state. And for one reason or another, doctors can always decide to inform parents if they believe it is in the best interest of their patient.
Can doctors override parents?
That is, because of the existence of an emergency, treatment is legally permissible, and the court does not need to adjudicate the best interest of the child in approving the physician's decision to override a parental refusal for 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].
Should minors have a say in medical decisions?
It is essential for minors to participate in medical decision making for treatment and research to the best of their ability, and they must understand that they can refuse without any recrimination.
Under what circumstances can parental consent be overridden?
A person with parental responsibility must have the capacity to give consent. If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child.
What is a parental autonomy case?
Parental-Autonomy Doctrine refers to a principle that parents have fundamental right to raise his or her child and to make all decisions concerning that child free from governmental intervention, unless the child's health and welfare are jeopardized by the parent's decisions.
Is a doctor obligated to inform a patient of the diagnosis?
In the briefest terms, a physician is required to provide general information about a proposed diagnosis or treatment and more personalized information about how the treatment might reasonably affect the particular patient.
Can a doctor withhold information from a patient?
Except in emergency situations in which a patient is incapable of making an informed decision, withholding information without the patient's knowledge or consent is ethically unacceptable.
Does Hipaa apply to parents of minors?
Answer: Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child's personal representative when such access is not inconsistent with State or other law.
When parents disagree with doctors on a child's treatment who should have the final say?
In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody. In these instances, parents typically must come to an agreement regarding medical decisions.
Should a doctor be able to provide medical care to a minor despite the parents wishes?
Under the law, children are entitled to protection and appropriate medical treatment despite their parents' religious views. Most states require parents to provide a reasonable degree of medical care for their children. Otherwise, they may face legal consequences, regardless of their religious beliefs.
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.
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. The information must be in plain language that you can easily understand and must be comprehensive enough to allow you to make an "informed" decision ab…
Special Cases: Competency
- In order to give his or her informed consent, a patient must be competent. Generally, adults are presumed to be competent. However, this presumption can be challenged in cases of mental illness or other impairments. Minors, unlike adults, are generally presumed to be incompetent. Therefore, they are unable to give consent to medical treatment and procedures. In these cases, …
Unauthorized Treatment
- 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 batteryor 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...
Find Out If You Have A Valid Malpractice Claim
- Second-guessing a doctor’s behavior can be intimidating, especially with complicated legal concepts like informed consent and negligence. If you would like to know if you have a case or just what rights you have, you can contact a medical malpractice attorney. That way, you could make an informed decision about your next steps.