Replace Value Choice in the Child Medical Consent

Aug 6th, 2022
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How to Replace Value Choice in the Child Medical Consent

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today we are going to discuss a very important topic and thats the issue of joint legal custody and medical care for your child I recently had a client contact me discussing the fact that on his ex-wife was placing her his daughter on medication for ADHD because of her acting out at school he had discussed with me that the child has made it known to him that because of situations in the home um that are happening with the parent that actually has custodial custody of the child meaning the child lives with the mother the situations going on with the mother and it seems that one of the people that the mother is going out with situations pertaining to this have been manifesting in her acting out in school the child is only 11 years old at this time and the problem is that a school counselor / psychologist has stated that the child has ADHD and that the child has now gone to a doctor and then placed on medication without the fathers permission now the simple fact that the father and moth

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Several exceptions to the requirement for informed consent include (1) the patient is incapacitated, (2) life-threatening emergencies with inadequate time to obtain consent, and (3) voluntary waived consent.
If the childs parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the childs life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.
A person with parental responsibility must have the capacity to give consent. If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child.
There are 4 components of informed consent including decision capacity, documentation of consent, disclosure, and competency. Doctors will give you information about a particular treatment or test in order for you to decide whether or not you wish to undergo a treatment or test.
Implied consent to medical treatment is invoked when a childs parent or legal guardian is not available to give consent, especially if the child has life-threatening injuries. In that situation, the law presumes consent would be granted by the parent or legal guardian.
Parents cannot override the competent consent of a young person to treatment that you consider is in their best interests. But you can rely on parental consent when a child lacks the capacity to consent.
For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision.
Under the law, children are entitled to protection and appropriate medical treatment despite their parents religious views. Most states require parents to provide a reasonable degree of medical care for their children. Otherwise, they may face legal consequences, regardless of their religious beliefs.

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