This report identifies common situations in which pediatricians may encounter “consent by proxy” for nonurgent medical care for minors, including physical examinations, and explains the potential for liability exposure associated with these circumstances.
Parental consent generally is required for the medical evaluation and treatment of minor children. However, children and adolescents might require evaluation of and treatment for emergency medical conditions in situations in which a parent or legal guardian is not available to provide consent or conditions under which an adolescent patient might possess the legal authority to provide consent