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Informed consent in children and adolescents.
Wendy J Morton1,2, Michael Westwood1,2
1Biomedical Ethics Unit, Faculty of Medicine, McGill University.
Paediatrics & Child Health
|October 9, 2020
Summary
Minors in Canada can provide informed consent for medical treatment if they understand the information and risks. Physicians must assess each minor individually, as there is no set age for capacity.
Area of Science:
- Medical Law
- Bioethics
- Pediatric Healthcare
Background:
- Physicians often hesitate to treat minors without parental consent due to fear of legal action.
- Canadian common law addresses the capacity of minors to provide informed consent for medical treatment.
Purpose of the Study:
- To clarify the legal standing of informed consent for medical treatment by minors in Canada.
- To outline the criteria for assessing a minor's capacity to consent to treatment.
Main Methods:
- Review of Canadian common law regarding minors' informed consent.
- Analysis of legal precedents and physician responsibilities.
- Overview of relevant provincial legislation.
Main Results:
- Canadian law permits minors to consent to medical treatment if they demonstrate understanding of the procedure, risks, and consequences.
- Capacity is determined on an individual basis, not by a specific age.
- Physicians bear the responsibility for assessing a minor's capacity.
Conclusions:
- Physicians must individually assess minors' capacity to provide informed consent, rather than relying on age alone.
- Understanding the legal framework is crucial for healthcare providers treating minors.
- Case examples and legislation provide guidance on informed consent for pediatric patients.
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