Explain how consent differs among competent patients, minors, guardians, and inc

Question

Explain how consent differs among competent patients, minors, guardians, and incompetent patients.

WHO MAY CONSENT Consent of the patient ordinarily is required prior to treat- ment. However, when the patient is either physically unable or legally incompetent to consent and no emergency exists, consent must be obtained from a person who is empowered to consent on the patient's behalf. The person who authorizes treatment of another must have sufficient information to make an intelligent judgment on behalf of the patient. Competent Patients A competent adult patient's wishes concerning his or her person may not be disregarded. The court in In re Melideo1 held that every human being of adult years has a right to determine what shall be done with his or her own body and cannot be subjected to medical treatment without his or her consent. When there is no compelling state interest that justifies overriding an adult patient's decision, that decision should be respected. In Fosmire v. Nicoleau,22 the New York Supreme Court, Suffolk County, issued an order authorizing blood trans- fusions for a patient who had refused them. The plaintif applied for an order vacating the court's order. The appeals court held that the patient's constitutional rights of due process were violated when the trial court issued an order authorizing blood transfusions in the absence of notice or opportunity for the patient or her representatives to be heard. The right of a competent patient to refuse medical treatment, even if premised on fervently held religious beliefs, is not unqualified and may be overridden by compelling state interests.

Explanation / Answer

Consent differs in every case of patient regard to his capacity to allow for health care services being provided to him/her. When person is minor or has not attended the majority age his parent can give consent and this right of parent to make consent varies state wise. In case of guardian the legal person who is authorized to take decision for that person gives consent on behalf of that person because the person is disable mentally or physical and in no position of giving consent or the person is under age of 18 and not in position to give consent by themselves. In case of competent person medical treatment cannot be proceed without his or her consent. Medical treatment cannot be given to person who do not wished to give consent what happens to his body in particular way. In case of incompetent person where he/she cannot make decision themselves, the legal guardian or next of a kin’s consent is required but when there is no relative of guardian there for person court order is being required in order to authorize any procedure.a

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