Faculty Collaboration Database

Consent by Proxy for Nonurgent Pediatric Care. Pediatrics 2017 Feb;139(2)

Date

01/25/2017

Pubmed ID

28115542

DOI

10.1542/peds.2016-3911

Scopus ID

2-s2.0-85014092302 (requires institutional sign-in at Scopus site)   7 Citations

Abstract

Minor-aged patients are often brought to the pediatrician for nonurgent acute medical care, physical examinations, or health supervision visits by someone other than their legally authorized representative, which, in most situations, is a parent. These surrogates or proxies can be members of the child's extended family, such as a grandparent, adult sibling, or aunt/uncle; a noncustodial parent or stepparent in cases of divorce and remarriage; an adult who lives in the home but is not biologically or legally related to the child; or even a child care provider (eg, au pair, nanny, private-duty nurse/nurse's aide, group home supervisor). 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. The report suggests practical steps that balance the need to minimize the physician's liability exposure with the patient's access to health care. Key issues to be considered when creating or updating office policies for obtaining and documenting consent by proxy are offered.

Author List

Fanaroff JM, COMMITTEE ON MEDICAL LIABILITY AND RISK MANAGEMENT

Author

Sandeep K. Narang MD, JD Chief, Professor in the Pediatrics department at Medical College of Wisconsin

MESH terms used to index this publication - Major topics in bold

Adolescent
Child
Child Custody
Confidentiality
Documentation
Health Services Accessibility
Humans
Informed Consent
Legal Guardians
Liability, Legal
Office Visits
Pediatrics
Proxy
Risk Factors
Societies, Medical
Third-Party Consent
United States