Despite challenges of decision making for unrepresented patients, few laws or policy statements offer solutions. This article offers 5 key things to do.
AMA J Ethics. 2019;21(7):E582-586. doi:
10.1001/amajethics.2019.582.
Jennifer Aldrich, MD, Jessica Kant, MSW, LICSW, MPH, and Eric Gramszlo
Estelle v Gamble (1976) reiterates that the 8th Amendment to the US Constitution requires adequate care to be offered to all people who are incarcerated.
AMA J Ethics. 2023;25(6):E407-413. doi:
10.1001/amajethics.2023.407.
Requirements for informed consent are relatively vague and the exceptions are few, so it is in the physician’s best interest to inform patients about proposed treatment options, ascertain that they understand their choices, and secure their consent.
Courts considering teenagers' refusal of life-saving treatments often consider their maturity, the beliefs underlying the refusal, their parents' wishes, and the chances that treatment would cure them.
Balancing parents' rights to raise their children and a state's duty to protect children is no easy task. Even though most states have religious exemptions to child abuse or neglect laws, courts have ruled in favor of both parents and states, depending on the circumstances.
An explanation of the legal origin of informed consent, the key court decisions in establishing the principle of consent to treatment, and the knowledge of risks and benefits necessary to “inform” the consent process adequately.