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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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32. Minor Patients

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There is only one cardinal rule: One must always listen to the patient.
~ Oliver Sacks

Abstract

There is a three-way relationship in regards to medical treatment for minors. This relationship includes the responsibilities of minors, parents or legal guardians, and medical practitioners. The minor’s autonomy and the right to informed assent is important, as well as the practitioner ensuring the minor’s confidentiality and privacy. If the minor does not wish to disclose information to their parents, then by the professional principle of beneficence and nonmaleficence, the practitioner should inquiring why the minor does not want their parents to be informed and instruct the minor of available social resources for services that will not show up on the parents insurance. In case of conflicts between the practitioner and the patient or parents, institutional policies for seeking ethics consultation are available, but the ultimate decision still lies with the parties involved. In case of medical neglect, laws for protecting vulnerable populations take precedence over the parent’s autonomy. It is reiterated that the practitioner has the professional and social obligation to provide the minor medical treatment in emergencies and the importance of maximizing the minor’s best interests.

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Think 

[32:1] The legal definition of a minor is a person who is under the age of 18. A minor is not considered to be legally competent to make medical decisions. Only the parent or legal guardian can consent to authorize a practitioner to provide medical treatment. With minor patients, this results in a three-way relationship involving the patient, parents (or legal guardian), and the practitioner. In this relationship, the patient, parents, and practitioner have different roles and degrees of authority, all with the common goal of maximizing the child’s best interests.

Assess
Patient: 1) Autonomy

[32:2] Medicine is a patient-centered profession, and therefore, minor patients who are capable of assent should be kept substantially informed of their diagnosis, prognosis, and treatment options, according to their cognitive and emotional maturity. Parents and the practitioner have an ethical duty to help the minor develop their autonomous decision-making skills by providing a supportive environment, simplifying the explanation of complex treatment regimens, and getting an informed assent from the minor patient. Medically, assent means an agreement from someone not legally recognized as having authority to provide consent. 

[32:3] Parents need to know that within this three-way relationship their decisional authority for medical treatment is recognized but also limited to the patient’s best interests. Just as a parent has no authority to abuse or neglect a child, a parent cannot insist on harmful treatments or refuse a medical standard of care treatment if doing so would result in a significant increase of risk of harm or death of the minor. Under such circumstances, the state’s interest in protecting vulnerable populations from neglect and harm becomes activated, mandating that the practitioner provides the necessary treatment even at the parent’s objections. Because of this parental consent is not legally required to provide a minor with contraception, prenatal care, treatment for; substance abuse, HIV, or sexually transmitted infections (STIs). 

32:4] The minor’s patient-practitioner relationship with confidential and private information carries more weight than the parents’ wish to be informed and to control medical treatment under the following circumstances:

[32:5]












[32:6] If a situation arises in which a patient who is a minor wants their protected health information (PHI) to be kept confidential and private from the patient’s parents, then professionally, ethically, and legally, the practitioner must keep the information confidential and private. Many states have mature minor legislation that allows minors to make medical treatment decisions if they demonstrate a sufficient understanding of the nature of the decision and consequences.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[32:7] Based on the principle of beneficence (do good), if a minor patient wishes to keep their treatment confidential, then the practitioner has a professional responsibility to inquire why the minor patient does not want their parents to be informed. The practitioner should encourage patient-parent discussion and offer to help facilitate an open dialogue with the patient’s parents. If the minor still objects to parental disclosure, then the practitioner must make sure that the minor is substantially informed about what social resources are available and how they can be contacted.

[32:8] The practitioner has a professional responsibility of nonmaleficence (do no harm) to inform the patient about what information will be disclosed to the parents through their insurance company’s medical billing. Medical billing will include who, what, where, and when the patient received health care. This will include who the practitioner was, what lab tests were done, and the lab results. Publicly funded social services can bypass the need for insurance billing and are therefore much better options for the minor patient who wishes to keep aspects of their healthcare services private from parents.

Public Policy: 4) Justice

[32:9] When there are unreconcilable differences between what the practitioner as a professional determines to be the best interests of the patient and that of the patient or parents, then there are institutional policies and procedures for seeking consultation from an ethics committee. However, it is essential to know that although people on these committees are skilled at conflict resolution, precise language, and respectful dialogue between parties, an ethics consultation will never provide a medical decision, only a medical recommendation. Making medical decisions is still the parties’ responsibility and will never be usurped by agreeing to participate in an ethics consultation.

[32:10] Society has passed laws to protect vulnerable populations such as children, the elderly, and the intellectually handicapped. These populations are dependent on others for their medical and other basic needs. Medical neglect of a minor is considered a form of child neglect under the jurisdiction of child abuse laws. Most medical neglect cases arise when caregivers do not seek medical treatment when needed or do not follow the medical advice given by the practitioner. Under conditions of child neglect, social justice’s legal policies for protecting vulnerable populations as a matter of justice (be fair) has more moral weight than the parent’s autonomy (informed consent) authority.

Conclude

[32:11] Medical practitioners, in most instances, are required to get the parent’s consent before providing medical treatment. However, in emergencies with no time or opportunity to get consent, the practitioner has the legal, professional, and ethical obligation to provide the medical treatment. If a minor patient wishes to keep confidential information from parents, then the practitioner should enquire why the minor patient wishes to not inform their parents and encourage the minor patient to open a discussion and dialogue with their parents. The minor patient’s best interests limit parental consent. Professionally, the medical practitioner must be vigilant in maximizing the minor patient’s best interests.

[32:12] In summary, medical practitioners face unique challenges when treating minor patients, as they must balance the rights and responsibilities of the patient, parents, and themselves. In most cases, parental consent is required for medical treatment, but certain circumstances warrant exceptions. Practitioners should always prioritize the best interests of the minor patient, provide appropriate support, and promote open communication among all parties involved. This ensures the best possible care and protection for minors within the medical system.

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Circumstances in Which Minors

Do Not Require Parental Consent

  • Emergency care
  • Sexually transmitted infections
  • Contraception
  • Substance abuse (most states)
  • Prenatal care

Medical

  • Homeless
  • Parent
  • Married
  • Military
  • Financially independent

Emancipated

Minor

32. Review Questions

1. With minor patients, there is a three-way relationship involving the patient, parents, and practitioner.

2. Minor patients capable of assent should be kept substantially informed of their diagnosis, prognosis, and treatment options, according to their cognitive and emotional maturity.

3. The minor patient is a vulnerable population meaning that neither the patient, parent(s), or practitioner have the authority to deny medical standards of care if doing so will significantly increase the risk of harm to the patient. 

4. The minor patient does not have the right to keep health information private from the patient’s parents. 

5. If a minor patient wishes to keep their treatment confidential, then the practitioner has a professional responsibility to inquire why the minor patient does not want their parents to be informed. The practitioner should encourage patient-parent discussion and offer to help facilitate an open dialogue with the patient’s parents.

6. Publicly funded social services can bypass the need for insurance billing and are therefore much better options for the minor patient who wishes to keep aspects of their healthcare services private from parents.

7. Parents have the authority to make medical decisions for their children. This is an example of how the principle of autonomy always has more moral weight than the principles of beneficence (do good), nonmaleficence (do no harm), and justice (be fair).

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32. Clinical Vignettes

1. Ms. Elizabeth Johnson is a 16-year-old high school student who has been referred to a pediatrician for evaluation of acute abdominal pain and vaginal bleeding. She reports that she is sexually active and has been using condoms inconsistently. She is concerned that her parents will find out about her sexual activity if she consents to the treatment. Her parents are present in the room and are insisting on being informed of all medical decisions. The differential diagnosis includes pelvic inflammatory disease, ectopic pregnancy, or a urinary tract infection.

2. Ms. Destiny Roberts is a 16-year-old high school student who has recently been diagnosed with a sexually transmitted infection (STI). She comes to her primary care provider for further information and treatment. She is mature and emotionally stable, but she requests that her medical information be kept confidential from her parents. The ethical question is, what should the practitioner do in this situation?

3. Mr. Kurt Thomas, a 16-year-old high school student, is brought in by his parents for chest pain that he has been experiencing for the past two days. Mr. Thomas is a competitive athlete and has been pushing himself hard in preparation for an upcoming competition. He is otherwise healthy and has no history of chest pain. The differential diagnosis includes musculoskeletal pain, cardiac pain, or anxiety-related chest pain. The practitioner orders an electrocardiogram, which reveals evidence of myocardial infarction, a heart attack. The practitioner informs Mr. Thomas and his parents of the medical standard of care, which is immediate transfer to a specialized hospital for cardiac catheterization. Mr. Thomas and his parents are hesitant to proceed with the treatment and suggest that he rest for a few days instead. What should the practitioner do in this situation, where a minor patient is at risk of significant harm, but the patient and parents are hesitant to proceed with the medical standard of care?

4. Ms. Wendy Rodriguez is a 16-year-old high school student who has been experiencing symptoms of depression, anxiety, and insomnia. Her parents have noticed a change in her behavior and took her to see a practitioner for treatment. Ms. Rodriguez has expressed that she does not feel comfortable disclosing all of her symptoms to her parents and wishes to keep certain aspects of her healthcare private. The practitioner informs Ms. Rodriguez that publicly funded social services can bypass the need for insurance billing and are therefore much better options for the minor patient who wishes to keep aspects of their healthcare services private from parents. What is the ethical recommendation for the practitioner in this situation?

5. Ms. Darian Taylor, a 16-year-old high school student, presents to the clinic seeking advice on contraception. She is sexually active and would like to start taking birth control pills. She explains that she does not want her parents to know about her sexual activity or her desire for contraception. Her clinical examination is unremarkable, and she has no medical history that would preclude her from using birth control pills. What is the most appropriate course of action for the practitioner?

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32. Reflection Vignettes

1. Dr. Jane Smith, a pediatrician, meets with a minor patient and their parent for an annual check-up. During the private conversation with the patient, the minor reveals that they have been sexually active and thinks that they have a venereal disease of some type. The minor patient is vehemently opposed to having either parent informed of their sexual activity or lab tests. Dr. Smith explains that while patient confidentiality is important, the risk of sexually transmitted infections requires a course of action that must be taken to protect the minor patient's health. Dr. Smith discusses various options for testing and treatment and assures the patient that they can seek confidential testing at a local Planned Parenthood or public health clinic without the need for insurance or parental notification.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Dr. Maria Rodriguez, a pediatrician, is on duty in the emergency department when a minor patient is brought in and requires immediate surgery. Despite explaining the medical necessity of the surgery, both parents and the minor child refuse consent for the procedure. However, it is important to note that it is mandatory by law to treat minor patients with standard medical care in emergency situations, even without the consent of the parents or the child. The state has an interest in the protection of vulnerable populations, such as minors, and ensuring their access to necessary medical care.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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