Minor Ethical Issues

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Recommended: Autonomy in patient's rights

Pediatric Rights: Denying and Accepting Care as a Minor
Bethania Custodio
University of Maryland School of Nursing

Description of the Problem and Ethical Issues
The issue of minors and their legal rights within the health care system has been a topic of debate for many years. This can be a very delicate issue in which many often ask: who, of the individuals involved, should be provided what information; what type of care can be provided or refused; and who has the final say, the child, guardian or the doctor? Parents, minors, and too often healthcare providers, are not clear as to what kinds of medical decisions a person that is considered a minor can make regarding their health care. This lack of knowledge, may lead to care …show more content…

First, if a minor is able to make his or her own decisions per regulatory standards, but a healthcare provider is unable to determine that the patient is capable of such, then the patients’ legal right to make decisions about his medical care may be hindered, and his autonomy denied. Secondly, if this type of circumstance were to occur, a patient may also be withheld truthful and thorough information for his or her care as is included in medical treatment decisions, which defies the ethical principle of veracity. Thirdly, if the provider is without complete “awareness of the patient’s situation and needs” (Finkelman & Kenner, 2013) they will not be able to do the most good for the patient or provide beneficent care. If all three of these principles of ethical decision making are not honored, then just and ethical care is difficult to provide and interferes with the principle of justice in …show more content…

Ideally, there should be some form of consent before providing care; however, it would be unethical for health services to be withheld in a life-threatening emergency situation.
References
American Academy of Pediatrics (2006). Maryland minor consent laws: Who can consent for what services and providers’ obligations. Retrieved from http://www.nccpeds.com /ContinuityModulesFall/Fall%20Continuity%20Source%20Materials/Maryland%20Minor%20Consent%20Laws-full.pdf
English, A. & Ford, C. A. (2004). The HIPAA privacy rule and adolescents: Legal questions and clinical challenges. Perspectives on sexual and reproductive health, 36. Retrieved from http://www.guttmacher.org/pubs/journals/3608004.html Finkelman, A. & Kenner, C. (2013). Professional nursing concepts: Competencies for quality leadership (2nd ed.), (pp. 180-181). Burlington, MA: Jones & Bartlett Learning.
Hickey, K. (2007). Minors’ rights in medical decision making. JONA’S Healthcare Law,

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