Medical Care, the Law and Minors

It's back to school time, and for many parents this means the purchase of new clothes, school supplies and often a physical exam for children. Many primary and secondary schools require up to date medical information in order for a child to attend. School administrators verify that children enrolling have received required immunizations, and request updated contact information in the event that a parent needs to be located. Be sure that all forms are properly filled out, giving caregivers adequate information about your child's medical history.

But what else is involved in the medical care of children, particularly with respect to young adults and in the age of blended families? Young adults and children of divorced or separated parents create an added layer for treatment. Many parents don't realize that treating minors can be more complicated than treating adults; most of these issues revolve around the issue of consent of medical treatment.

Physicians must have informed consent before rendering medical care on any patient. When the patient is a minor (in Massachusetts, a minor is a person under the age of eighteen) either parent may provide informed consent on behalf of the child. Parents have the right to authorize treatment, to authorize the release of confidential information, and access confidential treatment information (e.g. inspect records, obtain copies of records) concerning their minor children. While parents retain the right to refuse medical care, the child's physician may report such a refusal to the Department of Social Services if the physician believes that harm or neglect has resulted to the child from the decision not to perform a medically necessary procedure or to treat an injury.

For children of divorced parents, the issue of medical decision-making is a bit more complicated and varies depending on the custody agreement. Oftentimes in custodial arrangements, both parents retain the right to make medical decisions, not solely the custodial parent. This means that either parent may consent to medical treatment but may be required under the custody agreement to inform the other parent of such treatment.

The distinction in providing medical care to minors is one of authorization of informed consent. While a minor cannot generally consent to medical treatment without a parent or guardian, a minor, is capable of giving informed consent in certain circumstances, some of which are noted below. This can occur if the minor's physician believes that the minor is capable of giving the informed consent, interpreted to mean that the minor is capable of understanding the risks and responsibilities of the treatment, and the treatment is in the best interests of the minor. This consent can be written or verbal.

Instances in which a minor may consent to medical treatment include:

• the minor is a parent li>the minor is legally married, widowed or divorced
• the minor is a member of the Armed Forces of the United States
• the minor is living apart from his/ her parents and managing their own finances
• the minor is pregnant or reasonably believes that she is pregnant

Minors in these situations are allowed to make independent medical decisions.

What happens if your child is injured and you are not present? If emergency treatment is needed, emergency personnel are authorized to act in the best interests of the minor. An emergency situation requiring treatment is defined as a threat to life, where the failure or delay to treat would cause irreversible injury. As a matter of public policy, consent is implied in emergency situations, since inaction may result in harm to the patient. In Massachusetts, no physician is held liable for providing emergency treatment to a minor without the consent of a parent.

The best way to protect your child is to identify all medical issues for your caregiver and school administrators. If your child is school aged, be sure he or she knows how to communicate medical issues (allergies, etc). The more information that is known about your child's medical condition, the easier it will be to treat them in the event of an emergency.

This article is intended for informational purposes. Nothing in this article should be construed as legal advice or legal opinions regarding specific circumstances.

Article provided by Homesteader.