Ethics & Law · patient case with 3 questions

Two consents and a signature

demo: Two consecutive patients

chief: Both need treatment today and questions arise about who may give consent.

history: The first is a 16-year-old girl who has been legally emancipated and attends with her 21-year-old sister. The second is an 8-year-old boy brought by his grandmother; no consent form is on file and the parents cannot be reached by phone.

meds: None relevant.

findings: Neither patient is in pain or has an acute infection. Both attend for routine restorative care.

Question 1

For the emancipated 16-year-old, who may validly sign the informed consent?

  1. Neither, until a parent is contacted
  2. Only the patient herself
  3. Either the patient or her sister
  4. Only her 21-year-old sister
Show answer and explanation

Correct answer: B. Only the patient herself

  • A. Contacting the parents would breach the confidentiality that emancipation is designed to protect.
  • B. Correct. Emancipation confers adult legal status for healthcare decisions. She consents for herself, and no relative can consent on her behalf. The sister has no legal standing here whatever her age, and telling the patient otherwise would undermine a right she has already been granted.
  • C. This is the trap. Adding an adult relative does not strengthen a consent that is already valid, and accepting the sister's signature instead would render the consent defective.
  • D. The sister has no authority. Being over 18 does not make someone a legal guardian.

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Question 2

The 8-year-old attends with his grandmother and no consent form is on file. What is the most appropriate action for routine treatment?

  1. Ask the child to assent and proceed
  2. Contact the parent or legal guardian to obtain consent
  3. Accept the grandmother's signature as next of kin
  4. Discharge the patient without further action
Show answer and explanation

Correct answer: B. Contact the parent or legal guardian to obtain consent

  • A. A child's assent is ethically important and should always be sought, but a minor cannot give legally valid consent for treatment.
  • B. Correct. Consent for a minor rests with the parent or legal guardian. A grandmother has no automatic authority unless she holds documented guardianship or a written authorisation to consent. Reaching the parent, even by telephone with a witness and contemporaneous documentation, is the correct first step.
  • C. Relatives who accompany a child cannot consent by virtue of relationship alone. Practices should keep documented authorisation on file for anyone who regularly brings a child.
  • D. Rescheduling is reasonable if the parent cannot be reached, but simply discharging the patient with no attempt to contact them skips the necessary step.

Note: This is routine care. In a true emergency, care needed to relieve pain or address a threat to health may proceed under implied or emergency consent, with contemporaneous documentation of the attempts made to reach the guardian.

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Question 3

A biopsy has been planned for a third patient and the appointment is booked. What must happen next?

  1. Take a preoperative photograph
  2. Prescribe prophylactic antibiotics
  3. Order preoperative blood work
  4. Obtain and document written informed consent for the procedure
Show answer and explanation

Correct answer: D. Obtain and document written informed consent for the procedure

  • A. Clinical photography is good documentation practice, but consent is the requirement that must come first.
  • B. Routine prophylaxis is not indicated for a soft tissue biopsy in a healthy patient and would not be the next step in any event.
  • C. Blood work is ordered only when the medical history indicates it, such as a bleeding disorder or anticoagulation.
  • D. Correct. Informed consent precedes any invasive procedure. The discussion covers diagnosis, the nature of the procedure, its risks and benefits, reasonable alternatives including no treatment, and the opportunity to ask questions, and it is documented before the scalpel is picked up.

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