Dental Law - What You Need To Know
Dental Law - What You Need To Know
A summary of what every dental practice owner should know and implement in the day to day operations of their practice.
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Informed Consent from Minors and the Mentally Disabled

Informed Consent from Minors and the Mentally Disabled

4/18/2019 9:00:00 AM   |   Comments: 0   |   Views: 72
                                        
Obtaining informed consent from a competent adult appears relatively easy. However, receiving informed consent from a minor or mentally impaired/ disabled individual can become a more difficult process.This type of patient population typically raises serious questions as to who can provide informed consent on the patient’s behalf.
                                        
The Mentally Impaired/ Disabled
            

            Individuals with a mental impairment or disability often have appointed guardians. A legal guardian has the authorization to make healthcare decisions and give informed consent for the patient. Dentists must be sure to obtain the proper informed consent from the authorized individual in these situations.
            
            Minors
            
            In the majority of cases involving minors, parents may authorize medical decisions and give informed consent on behalf of their minor children. However, this may not apply to parents under eighteen years old in some states. In some states, teens may not be legally capable of providing informed consent for their children and must consult with their parents before approving procedures. However, most states have developed the idea of “mature minors” who may be able to provide consent without consulting their parents. Always be sure to comply with your state’s laws when administering informed consent. 

OBERMAN LAW FIRM 

Stuart J. Oberman, Esq handles a wide range of legal issues for the dental profession including cyber security breaches, employment law, practice sales, OSHA, and HIPAA compliance, real estate transactions, lease agreements, noncompete agreements, dental board complaints, and professional corporations.
 
For questions or comments 
regarding this article 
please call (770) 554-1400
or visit 
www.obermanlaw.com
 
 Email Emily Scarborough at emily@obermanlaw.com to hear Stuart J. Oberman, Esq speak at your next event.

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