The Mature Minor Doctrine
Mature Minor Doctrine as the name suggests is the doctrine which places importance on the maturity of minor in cases relating to consent for diagnosis or treatment by a doctor. Mature Minor Doctrine has undergone considerable changes after its establishment in the Washington Supreme Court in the case of Smith v Seibly. Mature Minor Doctrine emerges out of the fact that a minor can take mature decisions about his or her health. Many aspects are to be considered when laying down a principle regarding the doctrine. While it is understood to place emphasis on the mental maturity of a minor, it also undermines some aspects of parental authority and the state.
What is the Mature Minor Doctrine?
The Mature Minor Doctrine propounds that a minor has
…show more content…
The doctrine of Parens Patriae is followed across the world including India. It was established that when the Preamble of Constitution of India is read with and in the light of Article 38, Article 39 and Article 39A make it imperative for the state to secure all its citizens the rights guaranteed by constitution and where the citizens are not in a position to assert these rights, the State comes into picture and protects such citizens’ rights. It was further stated in Charanlal Sahu v Union of India that parens partriae is an integral part of the Constitution and should be viewed enjoining the Fundamental Rights and Directive Principles of State Policy. In India, the jurisdiction of the courts may be exercised under this ground. There are two tests laid down to determine the effectiveness of a judgement or an order based on the Parens Patriae jurisdiction and the same shall be applied to a minor who has declined or not consented to a …show more content…
Along with the test of competency of minor to understand the procedure so conducted upon him, it is important to analyse whether the minor is being briefed about the procedure, risks, and benefits associated with it, alternatives available and risks with such alternatives. Hence, the informed consent in minors is considered very important. Informed consent presumes respect for patient autonomy and provision of full and accurate information to the patient to enable the patient take a reasoned decision, both on the positive and the negative side. Informed consent was established in Cantebury v Spence and
Teen Refuses Life Saving Medical Treatment: Case Study
1730 Words | 7 PagesIndividuals have the right to a choice, to determine what will and will not be done to their body, including accepting or refusing medical treatment (Taylor, 2010, p. 148). However, one cannot make these types of decisions until they are 18-years-old. This provision explains that patients should be involved in their own plan of care if they are competent and choose to participate. In this case, C.C. refuses to participate and since she is a minor, her mother is the one who can make the decision by law. C.C’s mother agrees with her daughter in the refusal of medical treatment.
How Does The Nhs Constitution Affect The Practice Of The Ambulance Crew
842 Words | 4 PagesSimilarly, all clinicians need to gain consent from nearly every patient, either verbal or non-verbal, unless in an immediately life-threatening condition. To refuse consent, a patient has to have all information presented to them by the clinician including; the risks they may face, other alternatives to the initial treatment plan and likelihood of success (SCAS, 2016, 5.3). Consent given by a patient under unfair pressure from a friend/family member or clinician, is not considered consent as it is not the patient’s decision. If a valid consent has been given, then a patient is entitled to withdraw their consent at any time. If a patient lacks capacity to give consent, and has no nominated person with Lasting Powers of Attorney, then no one can give consent on their behalf (SCAS, 2016,
Henrietta Lacks Informed Consent Essay
825 Words | 4 PagesHowever, the lack of informed consent has raised ethical concerns and led to the establishment of guidelines for obtaining consent in medical research. Today health care providers have a responsibility to obtain informed consent from patients before conducting any medical
Norma Mccorvey Lawsuit Against The State Of Texas
982 Words | 4 PagesAccording to Ballaro Wagner and Beverly Geraldine, approximately 20% of women requesting abortions are minors under the age of 18 (Wagner). Parents must be notified before a minor can get an abortion, but to many young girls with accidental pregnancies, Roe v. Wade was a second
Henrietta Lack History
1023 Words | 5 PagesWe need to be able to understand what the nature of the procedure is and what it details. It’s also good to discuss other types of alternatives. Informed consents can also bring up certain topics about the risk that can be involved with the procedure. As healthcare professionals it is part of our job to help look after the patient and make sure that all legal documents are in order.
Individual Rights In Health Care Case Study
434 Words | 2 PagesAlthough, in this case the patient request was denied due to her not being of legal age, this court case falls under "rights related to freedom of choice and government interference". Even though was only a few months from her eighteen birthday when this occurred, she was not the legal age and her actions to the courts did not prove she was a mature
8th Amendment Purpose
1326 Words | 6 PagesSimmons. First of all, minors are tried differently in court than adults. According to www.law2.umkc.edu, “ the Court considered whether it was cruel and unusual punishment to execute a prisoner for a crime he committed when he was a minor.” This shows that minors do not get tried as severely as adults. The article also added, “In previous decisions, the Court had found it unconstitutional to execute persons who were less than 16 at the time of their crime, but had upheld executions of those 16 and 17 at the time of their crimes.”
8th Amendment Purpose
1326 Words | 6 PagesSimmons. First of all, minors are tried differently in court than adults. According to www.law2.umkc.edu, “ the Court considered whether it was cruel and unusual punishment to execute a prisoner for a crime he committed when he was a minor.” This shows that minors do not get tried as severely as adults. The article also added, “In previous decisions, the Court had found it unconstitutional to execute persons who were less than 16 at the time of their crime, but had upheld executions of those 16 and 17 at the time of their crimes.”
Integrity In John Steinbeck's Of Mice And Men
283 Words | 2 PagesMaturity, a long debated question, of the level of matureness or integrity a person has. Age plays a role in maturity but experiences mature a person much as they understand the world in which they live in. Age does not determine the level of maturity in person because . Maturity does not rely on age but more to a person’s mentality level. Mentality level plays a role in maturity because it shows the mental abilities of a person.
Crisis Counseling Ethics
930 Words | 4 PagesInformed consent. A.2.b. Types of information needed. A.4.a. Avoiding harm.
Pros And Cons Of Informed Consent
379 Words | 2 PagesINFROMED CONSENT ARE PATIENTS TRULY INFORMED??? Informed consent gives a competent patient the freewill to make his decisions about his health after getting informed adequately about the procedure, its alternatives, pros &cons and uncertainties related the procedure and its alternatives. Above all the patient’s consent must be voluntary and without any kind of pressure whatsoever. There are few fundamental question
Wilhelm Stekel: The Mark Of The Immature Man
507 Words | 3 PagesHowever, this precarious success fails to prove the presence of maturity. In reality, the individual could have easily neglected to foresee this success for the cause, instead focusing on their perception by the
Using Driscoll's Model Of Reflection On Consent
1024 Words | 5 PagesPublic Health England (2017) states that “Consent to treatment is the principle that a person must give permission before they receive any type of medical treatment, test or examination. This must be done on the basis of an explanation by a clinician”. Selinger (2009) also mentions that patient consent in required regardless of the procedure whether physical or something else as the consent principle is an important part of medical ethics and the international human rights. For example Mr Eric was asked several times and given time to think about the procedure which was going to take place and who was going to do it and the procedure was clearly explained to him to make an informed decision. British Journal of Medical Practitioners (Bjmp) (2017) recommends that consent must be voluntary, valid and informed, and the person consenting must have the capacity to make the decision.
Essay On Patient Rights
700 Words | 3 PagesPeople under the age of 16 are not entitled to consent to medical treatment. However, exceptions may be made if hospital staffs are satisfied that patients are mature enough to make the decision for themselves. A hospital must not refuse to give you emergency treatment, unless the appropriate medical facilities or personnel aren't
More about The Mature Minor Doctrine
Bacp Ethical Framework
1030 Words | 5 PagesTeen Refuses Life Saving Medical Treatment: Case Study
1730 Words | 7 PagesHow Does The Nhs Constitution Affect The Practice Of The Ambulance Crew
842 Words | 4 PagesHenrietta Lacks Informed Consent Essay
825 Words | 4 PagesNorma Mccorvey Lawsuit Against The State Of Texas
982 Words | 4 PagesHenrietta Lack History
1023 Words | 5 PagesIndividual Rights In Health Care Case Study
434 Words | 2 Pages8th Amendment Purpose
1326 Words | 6 Pages8th Amendment Purpose
1326 Words | 6 PagesIntegrity In John Steinbeck's Of Mice And Men
283 Words | 2 PagesCrisis Counseling Ethics
930 Words | 4 PagesPros And Cons Of Informed Consent
379 Words | 2 PagesWilhelm Stekel: The Mark Of The Immature Man
507 Words | 3 PagesUsing Driscoll's Model Of Reflection On Consent
1024 Words | 5 PagesEssay On Patient Rights
700 Words | 3 Pages