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As children often lack the decision-making ability or legal power (competence) to provide true informed consent for medical decisions, it often falls on parents or legal guardians to provide informed permission for medical decisions. This "consent by proxy" usually works reasonably well, but can lead to ethical dilemmas when the judgment of the ...
Parental consent laws (also known as parental involvement laws) [1] in some countries require that one or more parents consent to or be notified before their minor child [2] can legally engage in certain activities. Parental consent may refer to: A parent's right to give consent, or be informed, before their minor child undergoes medical ...
Express consent exists when there is oral or written agreement, particularly in a contract. For example, businesses may require that persons sign a waiver (called a liability waiver) acknowledging and accepting the hazards of an activity. This proves express consent, and prevents the person from filing a tort lawsuit for unauthorised actions.
In adult medical research, the term informed consent is used to describe a state whereby a competent individual, having been fully informed about the nature, benefits and risks of a clinical trial, agrees to their own participation. National authorities define certain populations as vulnerable and therefore unable to provide informed consent ...
In most states, other forms of emancipation require a court order, and some states set a minimum age at which emancipation can be granted. In general, an emancipated minor does not require parental consent to enter into contracts, get married, join the armed forces, receive medical treatment, apply for a passport, or obtain financing.
In the case, the High Court ruled that while parents may consent to medical treatment for their children, the authority does not extend to treatment not in the child's best interests. Also, the Court held that if medical treatment has sterilisation as its principal objective, parents do not have the authority to consent on behalf of their child.
Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.
However, consent may be either expressed or implied: [3] If a patient is able to make decisions, they must give expressed, informed consent before aid is given. However, if a patient is too injured or ill to make decisions – for example, if they are unconscious, have an altered mental status, or cannot communicate - implied consent applies ...
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