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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]
Kinship care is a term used in the United States and Great Britain for the raising of children by grandparents, other extended family members, and unrelated adults with whom they have a close family-like relationship such as godparents and close family friends because biological parents are unable to do so for whatever reason.
Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. [1] [2] Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.
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.
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.
The Health Care Consent Act (HCCA) is an Ontario law concerned with the capacity to consent to treatment and admission to care facilities. (i.e., informed consent). [1] [2] As of 2 August 2023 on a date to be named by proclamation of the Lieutenant Governor, the act will also apply to confining in a care facility.
Prior authorization is a check run by some insurance companies or third-party payers in the United States before they will agree to cover certain prescribed medications or medical procedures. [2] There are a number of reasons that insurance providers require prior authorization, the primary reason is to avoid paying for expensive treatments and ...