Thursday, September 20, 2012

Children and Informed Consent

Yesterday prior to surgery but after being hooked up to machines and IV, Theresa was asked/told to sign two consent forms - one for surgery and one for anesthesia. I protested since that is a huge burden of responsibility to put on a child. I was given some crap about the law of consent and I gave my crap back about then said child can pay the bill. I am her parent and I make decisions about what is best for her. It was only after I commented that I needed my lawyer husband back in pre-op that they 'permitted' me to co-sign the forms.
Today I asked Theresa about the forms. I asked her if the nurse ever asked her to read them (I knew the answer) and the answer was no. Hmmmmm??? Informed consent. I asked Theresa if she understood she had a choice as to whether or not to sign them. She didn't think she had a choice since she was told to sign them and not ever given an option by being told it was her choice. Hmmmm?? Is this informed consent?
Sigh.... my child is old enough to agree to the risks of surgery and anesthesia (which thankfully were never explained to her) but she needs my permission to take a Tylenol at any youth activity - our world is messed up.
And here is their reasoning:
Section 22-8-4 When minor may give consent generally. Any minor who is 14 years of age or older, or has graduated from high school, or is married, or having been married is divorced or is pregnant may give effective consent to any legally authorized medical, dental, health or mental health services for himself or herself, and the consent of no other person shall be necessary. (Acts 1971, No. 2281, p. 3681, §1.)
Did anyone else notice the word "may"?

10 comments:

Kimberly said...

Beyond ridiculous! I'd have been furious as well!

DeEtta @ Choosing Joy said...

Yep - it's totally mixed up.

Anonymous said...

But alas, there are cases where it can save a young teen's life that they may seek out and get medical attention without their abusive parent's permission. But yes MAY is a very different word from SHALL.

Conny said...

wow ... just wow!!! Hope Theresa is recovering well by now!

Btw, I moved my blog - hope you'll visit me there:

www.ordinaryhausfrau.wordpress.com

Kathleen Basi said...

Privacy regs strike me the same way as consent. I always want to shake someone.

Barb Schoeneberger said...

Hey, kids can kill their own babies without their parents' consent, too. Really, the secular world is totally topsy-turvy and I think it is going to take a major intervention by God to wipe the slate clean so we can start all over again with the correct orientation to Him.

I'd have been furious, too. Glad you engaged in some push-back.

Renee said...

but what is bizarre (although proper imo) is that Alabama has a parental consent law specific to abortion....

Joann / Into Stillness said...

Yes, it is a screwed up society fearing Truth and depending on laws separated from the justice that should
stand with it.

Anonymous said...

I Have a different problem, I have a 15 year old daughter that has several mental health concerns. She was told at age 14 she no longer needed us (her parents) consent to take or refuse medical treatment or any medication. Life was not good in our home prior to her turning 14, but since then it is a nightmare. We have had to call 911 to take her to the hospital after she got completely out of control. She did consent to go to the Emergency Room, but would not consent to letting us speak to the Doctor. They called in a mental health evaluator which did briefly spoke with us without her consent. We were not told anything from the hospital, after two hours she walked out and said "lets go" She does refuse to take any mood stabilizing medication. We have ask that she be placed someplace to evaluate her and maybe get her on medication, this is a wreck. We are told we can take her to one of these places, but if she gets there and tells them she wants to leave we will have no choice but to bring her home. It is to a point where her siblings refuse to have contact with her, one lives near us so he comes while she is in school, the other is in high school, but will not come home until 10 or 11 at night so he can avoid her. We live in HELL which is Alabama Law.

Renee said...

{{{{Anonymous}}}