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In many states ( Donna, 2011), minors can make medical treatment decision without their parent’s inputs regarding mental health, drug and/or alcohol dependency, sexually transmitted diseases, contraception, pregnancy, sexual assault and emergency treatment. The criteria for…
ent: conduct and demeanor of the minor at the time of the incident involved: education and training for instance whether the minor is a high school graduate: life experiences such as whether the minor is emancipated, married, pregnant, a parent, or living apart from the parents (Donna, 2011).
If health care professionals determine that a minor is mature, then the minor’s choices take precedence over the parent’s choice (Dickens & Cook, 2005). However the state laws can change that if the minor’s choices go against the state’s interest.
States sometimes get involved in minors’ medical care to protect the states’ interest in preserving human life, preventing suicides, protecting third parties, and maintaining the ethical integrity of medical profession, the strongest of which is preservation of human life.
Medical care providers should obtain and document informed consent from all appropriate, authorized legal representatives, including the parents and the mature minor, and any authorized person because of the legitimate public concerns that underlie the evolving controversy over the right to refuse medical care (Vukadinowich, 2004). To be valid, any consent must be given by a person with the requisite legal capacity. Thus, a physician who proceeds with a treatment in conformity with a mature minor’s request and a signed agreement still might be proceeding without legal consent because the minor might lack capacity due to age. On the other hand, if a physician proceeds at the parent’s request in conformity with the best interest of a mature minor, the physician might be proceeding without consent because the minor may have legal capacity due to maturity.
Piaget greatly underestimated children’s capabilities; he ignored cultural influences; several individuals never develop the capability for formal reasoning, even as grown-ups; at times children concurrently develop abilities that are characteristic of more than one stage, and this makes the ...