Medical Informed Consent > Refusal of Consent > Exceptions


Prior consent must be obtained from the patient prior to the performance of any medical or surgical procedure that involves touching the patient's body. The patient maintains the right to refuse the procedure regardless of the reason. Some of these reasons may include religious beliefs, concern regarding risks of procedure or skepticism regarding possible success of the procedure. An exception to the general right of patients to refuse medical care may exist when the best interest of a child of theirs would dictate there is no other appropriate adult to care for that minor child.

Some state courts (some states have not recognized the right of the State to supercede the interest of the individual in this regard) have allowed a court order to be granted ordering specified medical care of a parent be provided over the parent's objection when that patient had a minor child that the court found did not have another appropriate adult guardian to care for that minor. When issuing such an order, the court's order is based on finding that the State's right to protect the best interests of the child outweighed the patient's individual right to determine his/her own medical care.


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