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The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. [1]
The informed consent doctrine is generally implemented through good healthcare practice: pre-operation discussions with patients and the use of medical consent forms in hospitals. However, reliance on a signed form should not undermine the basis of the doctrine in giving the patient an opportunity to weigh and respond to the risk.
A child over 14 years old may be able to provide their own informed consent, independent of their parents. [13] The legal precedent is that as an emancipated minor they may consent to any medical procedure they see fit (E.g., Carter v. Cangello, 105 Cal App 3d 348, 164 Cal Rptr 361, 1980; Lacey v. Laird, 139 NE 2d 25, Ohio 1956) [non-primary ...
A parent's right to give consent, or be informed, before their minor child undergoes medical treatment. [3] See informed consent for such legislation in general, or minors and abortion [4] for legislation relating specifically to abortion. [5] Some jurisdictions stop short of requiring parental consent for abortion but require parental ...
Consent occurs when one person voluntarily agrees to the proposal or desires of another. [1] It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning.
"Consent" here was considered in the broad sense of consent to battery or assault: in the absence of patient consent to treatment, a doctor, even if well-intentioned, might be sued/charged. The House of Lords focused on the issue of consent rather than a notion of 'parental rights' or parental power. In fact, the court held that 'parental ...
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