Ethics & Law · patient case question
Who is authorized to provide consent for treatment of Patient C?
Patient case: Consent Across Three Patients
Patient: 39-year-old male, plus two additional patients seen the same day
Chief Complaint: “My wisdom tooth on the bottom left is broken down and I want it out.”
Background: Patient A: 39-year-old male, healthy, no medications, no anticoagulant or antiplatelet therapy, no allergies. Tooth #17 grossly carious and non-restorable. Risks, benefits, and alternatives to extraction were discussed in full; he asked questions, expressed understanding, verbally agreed, and signed the consent form. Patient B: 5-year-old male attending with his mother for restorative treatment. Patient C: 44-year-old male rendered legally incompetent following a gunshot injury to the head; his wife has been appointed his legal guardian by the court.
Medications: Patient A: none
Vital Signs: Patient A: BP 120/76 mmHg · HR 72 bpm · RR 16 · T 98.6°F
Findings: Patient A: #17 with gross distal caries extending subgingivally, non-restorable. No pericoronitis, no trismus, no lymphadenopathy.
Show answer and explanation
Correct answer: A. His wife, in her capacity as court-appointed legal guardian
- A. Correct. Once a court has adjudicated a patient legally incompetent and appointed a guardian, that guardian holds the legal authority to consent to health care on the patient’s behalf. Her authority derives from the court order, not merely from marriage.
- B. Incorrect. He has been legally adjudicated incompetent, which means he cannot provide valid consent regardless of age.
- C. Incorrect. Family relationship alone does not confer authority when a guardian has been formally appointed. The court order determines who may consent.
- D. Incorrect. A treating clinician cannot consent on behalf of a patient. Doing so removes any independent safeguard and is a clear conflict of interest.