The legal authority of mature minors to consent to general medical treatment. 2013

Doriane Lambelet Coleman, and Philip M Rosoff
School of Law, Duke University, Durham, NC 27710, USA. dlc@law.duke.edu

The nature and scope of mature adolescents' legal authority to consent to general medical treatment without parental involvement is often misrepresented by commentators. This state of affairs is further complicated by the law itself, which has developed a broad "mature minor exception" to the general requirement of parental consent in abortion cases and which has additionally carved out numerous specific status-based and condition-based exceptions to that requirement. In these circumstances, it is not always a simple matter for physicians and other medical professionals who treat adolescents to ascertain the applicable law. In this article, we discuss the underlying differences between medical ethics and law, which have caused some of the confusion in this area, and we set out the most current legal rules governing adolescent decision-making authority in general medical settings. A comprehensive analysis of both statutory and common law demonstrates that in such settings, parental consent continues to be required by most jurisdictions, even when the minor can be considered cognitively "mature."

UI MeSH Term Description Entries
D007883 Legislation, Medical Laws and regulations, pertaining to the field of medicine, proposed for enactment or enacted by a legislative body. Medical Legislation
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D000293 Adolescent A person 13 to 18 years of age. Adolescence,Youth,Adolescents,Adolescents, Female,Adolescents, Male,Teenagers,Teens,Adolescent, Female,Adolescent, Male,Female Adolescent,Female Adolescents,Male Adolescent,Male Adolescents,Teen,Teenager,Youths
D013219 State Government The level of governmental organization and function below that of the national or country-wide government. Government, State,Provincial Government,Government, Provincial,Governments, State,State Governments
D014481 United States A country in NORTH AMERICA between CANADA and MEXICO.
D057828 Informed Consent By Minors Voluntary authorization by a person not of usual legal age for diagnostic or investigative procedures, or for medical and surgical treatment. (from English A, Shaw FE, McCauley MM, Fishbein DB Pediatrics 121:Suppl Jan 2008 pp S85-7).
D033161 Government Regulation Exercise of governmental authority to control conduct. Government Regulation and Oversight,Government Regulations,Regulation, Government,Regulations, Government
D033282 Parental Consent Informed consent given by a parent on behalf of a minor or otherwise incompetent child. Consent, Parental
D035082 Federal Government The level of governmental organization and function at the national or country-wide level. National Government,Government, Federal

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