fabrilosu
Forum Newbie
Topics: 8
Posts: 18
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Hi everyonre!
Can someone explain me how should a physician behave if there is a mother of a pregnant 16yo girl asking for an abortion even if the daughter wamts to keep the baby.
And what if the parents just wants their under 18 son/daugther to have an elective surgery/medical intervention (eg plastic surgery or orthopaedic correction of scoliosis or another non-life-saving procedure) and the minor does not give his/her consent?
And what if this same son/daughter is mentally retarded?
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| me007
Forum Guru
Topics: 72
Posts: 799
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Unless the retarded person or minor (under age 18) is at medical risk
from the pregnancy, she decides whether or not to have an abortion.
Not her parents.
If she is at medical risk and is 18 + (even if she is retarded) the
court must decide whether she is competent. Under 18 and at medical risk,
the procedure will be done whether or not she agrees to it.
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| Palaniappan
Forum Senior
Topics: 30
Posts: 148
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ME007...I have a query..Question doesn't give information about emancipation at all..So does she become an unemanipated minor..So,decision should go to their parents ..?Please clarify me.
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| Clozapine
Forum Elite
Topics: 15
Posts: 164
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 .... I agree with Palaniappan, if she is a minor and not emancipated, the parents get to decide, right?
And we are supposed to assume competency regardless of mental retardation if it`s not specified in the question that
- the patient attempted suicide
- grossly psychotic and dysfunctional
- patient`s physical/mental state prevents simple communications
Anyways, if she is a minor (not emancipated), mental retardation shouldn`t be important, right?
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| me007
Forum Guru
Topics: 72
Posts: 799
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that is the answer provided by B. Fadem
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| cutelildoc
Forum Newbie
Topics: 6
Posts: 24
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if the girl is mot retarded and 16 the decision on the abortion is hers. her parents wishes cannot be acceded. legally speaking,a doctor has to follow her wishes but ethically he is also bound to guide her and make her aware of the practical nuances of having a child and taking care of it.Even though she is 16 years she is partially emancipated as 16 years is taken as a age for decisions on birth control, substance abuse, std's and prenatal care. under no circumstances is the doctor supposed to offer abortion as an alternative by himself. so basically follow what she says but if possible guide her... this is according to what fadem and kaplan says.
in the second case of the 18 year old normally sompetent boy undergoing surgery, the decision whether to have /not have surgery is again the boys choice since he is legally competent and a major. however we should help get informed consent by informing him of the benefits, risks and alternatives available so that he makes the best and correct choice for his future.
in the setting of being mentally retarded the girl should be consideded noncompetet and the best interest standard should be applied as was the case of brother fox. even for the boy the same must apply.
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