Children’s medical rights

Parents have the right and responsibility to make all health decisions on behalf of their minor children. Doctor cannot treat a child without parent’s informed consent except in an emergency. In certain emergencies, parents have the right to stay with their child, whether in the doctor’s office or in the hospital.

Unfortunately, there is no standard protocol for doctors or parents to follow when a child and parents disagree over the child’s medical treatment. Policies regarding children’s medical right vary among nations.

In general, doctors prefer to act accordingly to the children’s best interests, by children by no means have the final word. A doctor who believes that a teenager’s health would be threatened by parental involvement may treat her without notifying her parents. In the case of an older child, a doctor is not likely to give tests or treatment without obtaining the child’s explicit permission, regardless of parent’s request. Courts also recognize that children had the same rights as adults to refuse medical treatment, as long as they are considered to be competent and mature enough to understand the consequences of their decisions. However, there is no legal consensus about what age or what mental state signifies maturity.

When children’s rights prevail.
As a child approaches adolescence, she may be able to seek or refuse certain types of medical care without parental consent, acting as an “emancipated minor”. However the child must show that she is self-supporting, manages her own financial affairs, and does not leave with her parents.

In other nations, some children over 14 may be considered “mature minors” and be permitted to give informed consent to medical care. The care must be considered medically necessary but not high risk.

Knowing your health care rights and how to protect them is of paramount importance when you are hospitalized. Unless you enter the hospital on an emergency basis, you have the right to ask that specific doctors care for you. You also have the right to refuse care or treatment from any medical personnel. Don’t hesitate to ask about the experience of a medical student or resident who is assigned to administer treatment or perform medical procedures, or to request a more experienced practioner.