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
Answered
  • 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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.