Denying a minor child medical treatment is only illegal if certain criteria described by the law are not met. The state intervenes in the case where a minor is denied medical attention by their parents. The state typically provides authority for parents by giving permission of making decisions, on if the child’s health is not endangered.
Full Answer
Who can refuse medical treatment in a hospital?
The person who refuses medical treatment to a patient must be an employee of the hospital. In addition, that person must have the authorization to determine what patients can or cannot received treatment.
Can a minor refuse to go to the Doctor?
In the latter example, the minor’s justifi cation for refusing treatment should, at a minimum, be considered by the parents and the medical team. In fact, the American Academy of Pediatrics recommends physicians obtain a mature minor’s assent prior to treatment.
Can a minor refuse medical care after death?
Shannon’s case was unique because the right for a minor to refuse medical care was invoked as a defense against criminal charges after her death, rather than in seeking permission to forgo care during her life [11].
When does a hospital have no obligation to treat a patient?
If the hospital lacks the appropriate equipment or type of medical personnel required to properly treat a patient’s injury or illness. In light of these reasons, many courts will apply the general rule of thumb that a hospital has no obligation to help every patient that walks through its doors.
What are the rules for refusing to treat the patient?
As a rule of thumb, if unnecessary delays in care may cause irreparable harm, physicians can face legal liability for their refusal to treat. If you need urgent medical attention, and a doctor refuses to treat you, you can pursue a medical malpractice suit against the physician and/or the establishment they work for.
Under what circumstances does a health care professional have the right to refuse treatment to a patient?
Patient non-compliance or bad conduct that impedes the doctor's ability to render proper care, or a patient's demand that the doctor engage in care that the doctor believes is fruitless or harmful or exceeds the doctor's own expertise are all valid bases to refuse to treat.
What do you do when someone refuses medical treatment?
What to Do if Your Loved One Refuses to See a DoctorBe transparent and direct. ... Convince them that it's their idea. ... Make it a "double-checkup" ... Make the rest of the day as enjoyable as possible. ... Get someone who is an authority figure to help.
What constitutes the right to refuse treatments?
The right to refuse treatment applies to those who cannot make medical decisions for themselves, as well as to those who can; the only difference is how we protect the rights of people who cannot make decisions for themselves (see VEN's free handbook Making Medical Decisions for Someone Else).
Is it a constitutional right to refuse medical treatment?
The Fourteenth Amendment provides that no State shall "deprive any person of life, liberty, or property, without due process of law." The principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment may be inferred from our prior decisions.
Why is refusal of treatment an ethical dilemma?
In general, ethical tension exists when a physician's obligation to promote a patient's best interests competes with the physician's obligation to respect the patient's autonomy. “When you don't take your medication, you're more likely to get sick.”
What is it called when a patient refuses treatment?
Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.
What should a nurse do if a patient refuses treatment?
If your patient refuses treatment or medication, your first responsibility is to make sure that he's been informed about the possible consequences of his decision in terms he can understand. If he doesn't speak or understand English well, arrange for a translator.
How do I force someone to go to the hospital?
A person can be involuntarily committed to a hospital if they are a danger to themselves, a danger to others, or gravely disabled. They are considered a danger to themselves if they have stated that they are planning to harm themselves.
Do patients have a legal right to refuse treatment?
To the extent permitted by law, participation shall include the right to refuse treatment." Under federal law, the Patient Self-Determination Act (PSDA) guarantees the right to refuse life sustaining treatment at the end of life.
What are the nurse's legal and ethical responsibilities toward a patient who refuses to be seen for evaluation and treatment?
It is the nurse's responsibility to explain why a particular drug or treatment is important. However, if the patient still refuses, the nurse should obtain a release from liability because the treatment is not done or the drug is not taken. True, except in emergencies when the patient is unable to give consent.
What does the Constitution say about medical rights?
The Constitution protects a person's freedom of choice in medical care, including the right to refuse unwanted medical treatment and rights preserving the doctor-patient relationship.
What is the mature minor doctrine?
Under the “mature minor” doctrine, where the best interests of a minor will be served by not notifying his or her parents of intended medical treatment, and where the minor is capable of giving informed consent, the minor may consent to the treatment. No judicial involvement is required, but court approval may be sought, ...
What is DCF consent?
A minor who reasonably believes he is suffering from a disease dangerous to the public health may consent to care which relates to the diagnosis or treatment of such disease. G.L. c.112, §12F. However, if a minor in the care or custody of DCF refuses to consent, DCF may consent. 110 CMR 11.09.
Can a minor consent to drug treatment?
A minor 12 or older may consent to treatment for drug dependency if found to be drug dependent by two or more physicians. G.L. c.112, §12E. If a minor in the care or custody of DCF refuses to consent, DCF may consent (except if treatment is in a locked facility, DCF must comply with regulations regarding admission to a mental health facility).
Can a minor consent to abortion?
Except, minor may not consent to abortion or sterilization, unless married, widowed or divorced. G.L. c.112, §12F. However, §12F does not necessarily give minors the right to refuse medical treatment. Under DCF regulations, DCF may consent to certain treatment if the minor refuses to consent.
Can a minor consent to dental care?
Under G.L. c.112, §12F , a minor may consent to his own medical or dental care if: (ii) the parent of a child, in which case the minor also may consent to medical care for the child; (iv) pregnant or believes herself to be pregnant; or. (v) living separate and apart from his parent or legal guardian, and is managing his own financial affairs.
Can a 16 year old be discharged from a mental health facility?
A minor 16 or older may apply for admission and may discharge self from a mental health facility. G.L. c. 123, §§10 & 11; 104 CMR 27.06. A minor 16 or older who was admitted by a parent or guardian has the same rights as a 16 or 17 year old who applied for his own admission, including the right to leave upon submission of a 3-day notice, or the right to remain, despite notice of the parent’s intention to withdraw the patient.
What are the rights of a patient who refuses treatment?
In addition, there are some patients who do not have the legal ability to say no to treatment. Most of these patients cannot refuse medical treatment, even if it is a non-life-threatening illness or injury: 1 Altered mental status: Patients may not have the right to refuse treatment if they have an altered mental status due to alcohol and drugs, brain injury, or psychiatric illness. 6 2 Children: A parent or guardian cannot refuse life-sustaining treatment or deny medical care from a child. This includes those with religious beliefs that discourage certain medical treatments. Parents cannot invoke their right to religious freedom to refuse treatment for a child. 7 3 A threat to the community: A patient's refusal of medical treatment cannot pose a threat to the community. Communicable diseases, for instance, would require treatment or isolation to prevent the spread to the general public. A mentally ill patient who poses a physical threat to himself or others is another example.
What is the best way for a patient to indicate the right to refuse treatment?
Advance Directives. The best way for a patient to indicate the right to refuse treatment is to have an advance directive, also known as a living will. Most patients who have had any treatments at a hospital have an advance directive or living will.
What is the end of life refusal?
End-of-Life-Care Refusal. Choosing to refuse treatment at the end of life addresses life-extending or life-saving treatment. The 1991 passage of the federal Patient Self-Determination Act (PSDA) guaranteed that Americans could choose to refuse life-sustaining treatment at the end of life. 9 .
How can a patient's wishes be honored?
Another way for a patient's wishes to be honored is for the patient to have a medical power of attorney. This designates a person to make decisions on behalf of the patient in the event they are mentally incompetent or incapable of making the decision for themselves.
What must a physician do before a course of treatment?
Before a physician can begin any course of treatment, the physician must make the patient aware of what he plans to do . For any course of treatment that is above routine medical procedures, the physician must disclose as much information as possible so you may make an informed decision about your care.
What is the mandate of PSDA?
The PSDA also mandated that nursing homes, home health agencies, and HMOs were required by federal law to provide patients with information regarding advance directives, including do not resuscitate (DNR) orders, living wills, physician’s orders for life-sustaining treatment (POLST), and other discussions and documents.
What is a threat to the community?
A threat to the community: A patient's refusal of medical treatment cannot pose a threat to the community. Communicable diseases, for instance, would require treatment or isolation to prevent the spread to the general public. A mentally ill patient who poses a physical threat to himself or others is another example.
Why did Daniel refuse chemotherapy?
The refusal was based on their religious practice of Nemenhah, a Native American healing practice in which Daniel was a medicine man and which forbade chemotherapy because of a prohibition against doing harm [10]. Daniel was unable to articulate why he opposed the chemotherapy beyond the notion of “do no harm,” and experts placed his reading below ...
Does every refusal involve religion?
While not every refusal involves religion, many do, whether the belief is on the part of the child, the parent, or both. The freedom to practice religion is strongly undergirded by the First Amendment of the Constitution, which prohibits Congress from making any law that interferes with it [12].
Is parental consent required for mental health?
Some states have statutes that specify types of care for which parental consent is not required, such as treatment for sexually transmitted infections, treatment for substance abuse or mental health, or requests for contraceptives [8].
Do teenagers have the right to make their own medical decisions?
Unlike their adult counterparts, teenager s generally do not have the right to make their own medical decisions, and physicians, families, and sometimes the courts are left to make difficult choices that have implications for religious freedom, parental rights, and a child’s well-being alike. Three stories help illustrate ...
Can Jehovah's Witnesses refuse blood transfusions?
The right to refuse life-saving therapies on religious grounds is also strongly defined, most notably the refusal of blood transfusions by Jehovah’s Witnesses [3]. Whether the same rights apply to minors (typically defined as younger than 18, though the definition varies by state) is more complex.
When to take steps to facilitate a minor patient's decision about health care services?
Take steps to facilitate a minor patient’s decision about health care services when the patient remains unwilling to involve parents or guardians, so long as the patient has appropriate decision-making capacity in the specific circumstances and the physician believes the decision is in the patient’s best interest.
Who is obligated to inform a minor?
Inform the patient (and parent or guardian, if present) about circumstances in which the physician is obligated to inform the minor’s parent/guardian, including situations when: Involving the patient’s parent/guardian is necessary to avert life- or health- threatening harm to the patient.
What are the responsibilities of a parent/guardian?
Inform the patient (and parent or guardian, if present) about circumstances in which the physician is obligated to inform the minor’s parent/guardian, including situations when:#N#Involving the patient’s parent/guardian is necessary to avert life- or health- threatening harm to the patient.#N#Involving the patient’s parent/guardian is necessary to avert serious harm to others.#N#The threat to the patient’s health is significant and the physician has no reason to believe that parental involvement will be detrimental to the patient’s well-being 1 Involving the patient’s parent/guardian is necessary to avert life- or health- threatening harm to the patient. 2 Involving the patient’s parent/guardian is necessary to avert serious harm to others. 3 The threat to the patient’s health is significant and the physician has no reason to believe that parental involvement will be detrimental to the patient’s well-being
What is the purpose of confidentiality in counseling?
Protect the confidentiality of information disclosed by the patient during an exam or interview or in counseling unless the patient consents to disclosure or disclosure is required to protect the interests of others, in keeping with ethical and legal guidelines.
What is the role of a minor in decision making?
Physicians also have a responsibility to protect the confidentiality of minor patients, within certain limits. In some jurisdictions, the law permits minors who are not emancipated ...
Can a minor be a physician without parental involvement?
Physicians should be aware that states provide mechanisms for unemancipated minors to receive care without parental involvement under conditions that vary from state to state. Consult experts when the patient’s decision-making capacity is uncertain.
Can minors be emancipated?
In some jurisdictions, the law permits minors who are not emancipated to request and receive confidential services relating to contraception, or to pregnancy testing, prenatal care, and delivery services.
Who must refuse medical treatment?
For one, the person refusing to provide medical treatment to the patient must be someone who is employed by the hospital. In addition, that person must also possess the authority to decide which patients can or cannot receive treatment. In most cases, this generally will include any hospital staff that is in charge of the treatment and care ...
What happens if a doctor refuses to admit a patient?
On the other hand, if a doctor refuses to admit or treat a patient without ever considering the patient’s current medical condition, then some courts will find that the hospital should be held liable for refusing to admit or treat the patient.
What happens if a patient arrives in critical condition and fails to treat them?
For instance, if a patient arrives in critical condition and failing to treat them will result in severe injuries or possibly death, then the hospital will be held responsible for turning away a patient who needs immediate medical attention.
What does it mean when a hospital is short on resources?
If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.); When the hospital believes that the patient would receive better treatment at a different facility; and/or. If the hospital lacks the appropriate equipment or type of medical personnel required to properly treat a patient’s injury or illness.
Can hospitals refuse to admit patients?
Hospitals can refuse to admit or treat certain patients without incurring liability. Although hospitals cannot deny treatment to individuals for discriminatory purposes (e.g., race, gender, sex, etc.), they can do so for other reasons, such as: If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.);
Can a hospital refuse a patient's medical treatment?
According to the terms of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), a hospital cannot refuse a patient medical treatment if it is an emergency, regardless of whether the patient is insured or not. Thus, if a patient requires immediate medical attention or is in active labor, then a hospital can be held liable ...
Can a hospital be held liable for refusing to admit a patient?
As discussed above, there are certain situations where a hospital can be held liable for refusing to admit or treat patients, such as if the hospital is denying treatment based on discriminatory reasons. Another example of when a hospital may be held liable for refusing treatment is during an emergency situation.
What was the dissenting opinion of the Millers?
The dissenting opinion suggested that the doctors and medical personnel decided to resuscitate Sydney, knowing the Millers were there and could be consulted for their consent; and that the situation was not a medical emergency , allowing the physicians to proceed with treatment without the Millers' consent.
What was the Millers case?
The Millers filed a lawsuit against HCA, Inc, HCA-Hospital Corporation of America, Hospital Corporation of America, and Columbia/HCA Health Care Corporation (collect ively "HCA"), asserting that they were liable for the actions of their subsidiary hospital. Based on a negligence theory, the Millers asserted that HCA was liable for treating their daughter, Sydney Miller, without their consent, and second, for having a policy that mandated the resuscitation of newborn infants weighing more than 500 g. The Millers also asserted that HCA was directly liable for not preventing such treatment without consent. Based on the jury's findings, the trial court entered judgment in favor of the Millers in the amount of $29.4 million in past and future medical expenses, $13.5 million in punitive damages, and $17.5 million in prejudgment interest. HCA appealed.