Consent for minors and adolescents

Consent for minors and adolescents

Consent for minors and adolescents

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General Principles - Who's The Boss?

  • Default Rule: For minors (<18 years), consent from a parent or legal guardian is the standard. One parent's consent is usually sufficient.
  • Assent: Always seek assent (agreement) from the minor if they are old enough to comprehend (usually ≥7 years). While not legally binding, it respects their emerging autonomy.
  • Dissent: An adolescent's (≥14 years) refusal of treatment (dissent) should be taken very seriously and may require ethical consultation or legal review.

⭐ In a true emergency, treatment to save a child's life or limb can proceed without parental consent if parents are unavailable. The principle of implied consent applies.

  • While parental consent is the default for minors, key exceptions empower adolescents to consent for their own care, often without parental notification.

  • Legally Emancipated Minors: Can consent to all medical treatment as an adult.

    • Married
    • Active military duty
    • Financially independent & living apart (by court order)
  • "Medically Emancipated" Minors: Any minor, regardless of emancipation status, can consent to specific confidential services.

    • 📌 CAMP-S
      • Contraception
      • Abortion & Prenatal care (state laws vary)
      • Mental Health services
      • Psychiatric (Substance abuse treatment)
      • Sexually Transmitted Infections (STIs)

⭐ In a life-threatening emergency, if parents are unreachable, physicians can provide necessary treatment to a minor without consent under the principle of implied consent.

Refusal of Care - Treatment Tug-of-War

  • Parents generally possess the right to refuse medical treatment for their minor children.
  • This authority is overridden when refusal places the child at significant risk of death or major disability, and a known, effective treatment exists.
  • In such conflicts, the physician's primary step is to seek a court order to proceed with treatment.

⭐ The principle of parens patriae ("parent of the nation") grants the state the authority to intervene and override parental decisions to protect a child from harm. This is the legal basis for seeking a court order for necessary medical care.

High‑Yield Points - ⚡ Biggest Takeaways

  • Generally, parental consent is required for minors, but crucial exceptions exist.
  • Emancipated minors (married, military service, financially independent) can provide their own consent.
  • Minors can independently consent to care for STIs, contraception, substance abuse, and prenatal care.
  • In emergencies, treatment to save life or limb should never be delayed for consent.
  • If parents refuse life-saving treatment for a child, physicians should seek a court order.

Practice Questions: Consent for minors and adolescents

Test your understanding with these related questions

A 5-year-old child is brought to the emergency department after being hit by a motor vehicle on the way to school. According to paramedics, the child's right leg was severely crushed in the accident. After evaluation, the physician recommends immediate limb-saving surgery to preserve the leg and prevent complications. However, the parents refuse to consent to the surgery. They explain that they heard about a similar case where a child died after limb-saving surgery, and they believe the procedure might lead to amputation or death. Despite the physician's explanation that the surgery is intended to save the limb, the parents remain adamant in their refusal. What is the next best step?

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Flashcards: Consent for minors and adolescents

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SVC syndrome can be caused by _____ from indwelling central venous catheters

TAP TO REVEAL ANSWER

SVC syndrome can be caused by _____ from indwelling central venous catheters

thromboemboli

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