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N.C.G.S. 90-21.14 similarly limits the liability for volunteer health care or medical workers who receive no compensation for their services if immediate health care treatment was necessary to mitigate serious further injury or save the life of the person.
Some states have statutes, regulations, or common law that specifically address consent by someone other than the subject for participation in research. Most states have no law specifically addressing the issue of consent in the research context.
A guardian is a surrogate decision maker and advocate for an individual (the ward) who has been adjudicated incompetent by the court. The guardian must allow the ward to participate as much as possible in the decisions affecting him or her.
Yes. Under North Carolina law, in most circumstances a health care provider must obtain a patients informed consent before proceeding to treat the patient.
Valid informed consent for research must include three major elements: (1) disclosure of information, (2) competency of the patient (or surrogate) to make a decision, and (3) voluntary nature of the decision.
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Chapter 90 - Medicine and Allied Occupations. Article 1 - Practice of Medicine. Article 1A - Treatment of Minors. Article 1B - Medical Malpractice Actions.
North Carolina law addresses the refusal of parents or other authorized adults to consent to emergency treatment in two statutes. G.S. 7B-3600 provides a procedure for a court to authorize emergency treatment of a minor to which a parent, guardian, custodian, or person in loco parentis refuses to consent.
90-21.13. Informed consent to health care treatment or procedure. (3) A reasonable person, under all the surrounding circumstances, would have undergone such treatment or procedure had he been advised by the health care provider in ance with the provisions of subdivisions (1) and (2) of this subsection.

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