Legal and Ethical Considerations
The legal status of adolescents is different from that of younger children and adults. In most states adolescents are considered minors if they are below the age of 18. Several major legal issues routinely confront physicians: Whose consent is required for treating an adolescent? What information is confidential, and under what circumstances may it be disclosed? What are the possible sources of payment for an adolescent's care? The controlling legal principles are a matter of state law, and it is important for physicians who are treating adolescents to familiarize themselves with the legal rights of adolescents regarding health care in their state. Taws usually focus on contraception, pregnancy care, abortion, sexually transmitted disease treatment, HIV testing, drug abuse treatment, and the legal emancipation of minors.
Ensuring that adolescents have access to necessary health care requires the resolution of many complex legal and ethical issues. Research suggests that many adolescents, particularly those age 14 or older, are as competent as adults to give informed consent for medical treatment. In addition to the basic requirement of consent for any medical care, the law requires physicians to obtain informed consent for treatment.31 Failure to obtain consent as required by law includes potential liability for the tort of battery (defined as the unauthorized touching of another person), negligence, or malpractice.32 Tegal provisions that enable minors to give their consent for care and that protect the confidentiality of that care are critical elements for access to care.33
Source: http://www.articles2day.org/2012/08/legal-and-ethical-considerations-health.html
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.