Vanessa Ambrous, Jessica Wuolukka, Dom Joannidis, Mercedes Hein
Medical Emancipation
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Medical Emancipation and Minors Rights
Parents vs. Minors Views
Consequences of Decision
About The Authors
Consequences
Financial:
Most minors cannot afford medical procedures, or a insurance fee.
Responisblity:
Most minors arent knowledgeable to know fully know or think outthe consequences or benifits of a medical procedure.
In the past, minors were not considered legally capable of making medical decisions and were viewed as incompetent because of their age. The authority to consent or refuse treatment for a minor remained with a parent or guardian. This parental authority was derived from the constitutional right to privacy regarding family matters, common law rule, and a general presumption that parents or guardians will act in the best interest of their incompetent child. However, over the years, the courts have gradually recognized that children younger than 18 years who show maturity and competence deserve a voice in determining their course of medical treatment. This article will explore the rights and interests of minors, parents, and the state in medical decision making and will address implications for nursing administrators and leaders.
When and how does a minor show maturity and the ability to make a meaningful, well-informed decision regarding treatment? At what age does a child or adolescent have the cognitive ability and the emotional maturity to fully understand the consequences of choosing or refusing medical treatment? And when does the state's interest in protecting life supersede either a minor's or their parents' wishes? These are questions that have created numerous ethical dilemmas and legal conundrums. Nursing administrators who may be in the midst of the conflict must be well aware of the rights and interests of all parties involved. This controversy has been the subject of much debate over the years by state lawmakers and medical professionals. Issues that have been disputed are parental rights and responsibility, minors' rights, and the vulnerability and competence of the minor.
Hickey, K. (2007).
Minor's rights in medical decision making
. (Vol. 9, pp. 100-1004). Retrieved from http://www.nursingcenter.com/lnc/cearticle?tid=739795
http://www.nursingcenter.com/lnc/cearticle?tid=739795