Refusal of Treatment and "Mature" Minors (Essay Sample)

REFUSAL OF TREATMENT AND "MATURE" MINORS (CONSENT)
Refusal of Treatment and "Mature" Minors (Consent)
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Date Refusal of Treatment and “Mature” Minors (Consent)
Introduction
A “mature” minor in United States is believed to be someone below 18 years. This person is believed to have grown emotionally and socially but not to the full expectations. For this reason, most of them need to be assisted in coming up with a good decision. In cases of treatment, as much as their consent is needed, parents must be informed before any treatment is done to them. This is just to ensure that the “mature” minors do not make wrong decisions. When it comes to making decisions about their medical status, they are presumed to be incompetent and thus assistance from their parents is normally required. This is just to ensure that the decision made is fulfilling their interests. Doctors on the other hand need to get parental consent before conducting any treatment on the patient (Carpenter, 159-234). This is found under the common law in the United States.
Discussion
As much as few states are not adhering to this law, most of the states have abided by this law. As long as the mature minor is not married, then some decisions can be made on his behalf. The doctor on the other hand must provide full information, the pros and cons on the treatment he is about to give. This will allow the patient to make a better decision. There have been cases where the doctor just gives effect on one side to persuade the patient to accept his operations. This is illegal and must not be accepted at all costs. If for instance, the doctor is about to amputate a child’s hand due to an infection, the doctor may view this as very important to prevent the spread of the infection to the other parts of the body. On the same hand, the doctor has no authority whatsoever to plead with the patient to accept his offer. The doctor is simply required to give the benefits of amputating the hand the disadvantages of not doing so. This will leave the patient on the best level to come up with his own decisions (Holder, 456-512).
In the US constitution, there is nothing about the minors or the children. This does not mean however that their rights do not exist. In the US constitution, a competent person has a right to refuse treatment. If a mature minor has been considered competent, he may fall in the same category and given an option to refuse treatment. This right is not unlimited and if ne is seen to put his life at risk by refusing treatment, then this right may be withdrawn. In States like Michigan, In United States, adolescents are seen as competent who are able to come up with their own decisions. They are also allowed to make their own decisions without necessarily depending on their parents to give informed consent. If a minor can convince the court that he is able to make his own decision, it is not right for the court to deny him this right.
There are extreme cases where a child matures so fast in life. He should not be denied this right of decision making simply because he is underage. An independent body to investigate the minor’s background information before this decision is made must conduct a research. A parent must be involved to ensure right information is provided. Judicial body for a long time have ensured that there are many options that guardians may use when it comes to ensuring discipline and good morals among the mature minors. These options mostly rotates among the law concerning abortion as most of the people involved in abortion cases are the mature minors and they are always misled by their peer group pressure. The mature minor however, has a right to keep the information about his or her health confidential and not give out the information to the third party.
Conclusion
As much as the decision for the treatment of the minor may be rejected by his parents, the privacy and confidentiality relies wholly on the patient. The minor has a right to keep information given by the doctor private. The parents do not have any right to get information from the doctor without the knowledge of the minor. Most states in US tend to comply with these laws but insist that the rule of informed consent must be adjusted...