Eugene, OR asked in Personal Injury, Child Custody, Health Care Law and Medical Malpractice for Oregon

Q: Can A ED Doctor Treat A Minor Without Consent Of Minor Or Parent?

I Was Taken To The Hospital By Police For Suicidal Thoughts My Parents Where Never Contacted And I Never Consented To Treatment But Was Not Allowed To Leave. Is That Legal?

2 Lawyer Answers
Joanne Reisman
Joanne Reisman
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Not my area of specialty but I believe there is legal grounds for a temporary hold (24 hours or 72 hours or something like that) if the police suspect that the person could harm themselves or others. So yeah, it's legal. As for contacting or not contacting your parents, I am not sure what the law says. Normally parents have to be contacted if there is something concerning a minor, but I would imagine that there is an exception if there is concern that the parents could be part of the problem, or uncertainty. A medical doctor may want to restrict access to the patient until they know if the visitor is going to help or aggravate the situation. Similarly, medical records are privileged so there may have been an issue about disclosing medical treatment to your parents although I am not sure about that.

Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: It's called involuntary meaning the person doesn't consent but the law allows. Parents should be notified but I don't see a case.Contact a member of the Oregon Assn for Justice to be sure.

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