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Legal and ethical issues facing adolescent health care professionals.
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2004
Year
Family MedicineYouth LawTeenage PregnancyAdolescent Behavioral HealthLawHealth LawYouth AdvocacyPrimary CareAdolescent MedicineMedical LawBioethicsHealthcare EthicConfidentiality PosesHealth PolicyYoung Adult MedicineEthical IssuesLegal StandardsMedical EthicsInformed ConsentAdolescent Primary CarePediatricsChild Health PolicyMedicineEthical Dilemmas
Adolescent care is hampered by legal and ethical uncertainty, as parents typically hold consent rights but adolescents may consent when deemed mature, and confidentiality laws further complicate provider decision‑making. The article reviews legal standards and ethical dilemmas in adolescent care and urges providers to understand state laws, prioritize patient best interests, and balance parental involvement with adolescent confidentiality.
This article reviews the legal standards and ethical dilemmas surrounding the provision of care to adolescent patients. Uncertainty and ambiguity in this area has contributed to the underserving of the adolescent population. Usually, the legal right to consent to treatment resides with the adolescent's parent or legal guardian; however, there are many cases in which adolescents may provide their own consent. The determination that the adolescent is "mature" is one important factor. The law generally upholds a provider's determination of maturity of a patient. Minors also have the right to confidentiality in almost all situations in which they have the right to consent. The issue of confidentiality poses legal and ethical challenges to the provider in five discussed areas. Providers should be aware of the laws specific to their state, while keeping foremost the best interest of their patients. Providers should also encourage parental involvement and communication concerning treatment, while respecting adolescents' right to confidentiality.