# Situation: A nurse works in the emergency room and pediatric ward of a provincial hospital, where a parent or other family member usually stays at each child's bedside and takes part in care. A 17-year-old is brought to the emergency room by a 19-year-old cousin after a road crash. He is awake but hypotensive from internal bleeding and needs surgery within the hour. His parents work overseas, and he lives with his grandmother, who cares for him in their place. Neither his parents nor his grandmother can be reached despite repeated calls. What is legally appropriate?

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> subject: Nursing Practice II — Maternal and Child Health Nursing

## 문제

Situation: A nurse works in the emergency room and pediatric ward of a provincial hospital, where a parent or other family member usually stays at each child's bedside and takes part in care.

A 17-year-old is brought to the emergency room by a 19-year-old cousin after a road crash. He is awake but hypotensive from internal bleeding and needs surgery within the hour. His parents work overseas, and he lives with his grandmother, who cares for him in their place. Neither his parents nor his grandmother can be reached despite repeated calls. What is legally appropriate?

## 보기

1. Proceed under emergency implied consent while also seeking his assent **✔ 정답**
2. Have him sign his own consent, since he is already 15 years or older
3. Delay surgery until a parent or guardian arrives to sign consent
4. Have the cousin who brought him sign the form as next of kin

**정답: 1**

## 해설

Two rules apply. Minors below 18 cannot give legal consent to surgery (the age-15 rule applies only to HIV testing), so consent normally comes from a parent or legal guardian. In a true emergency when no parent or guardian can be reached, implied consent allows life-saving care; the nurse still seeks the adolescent's assent and documents every attempt to reach the parents.

## 심화 해설

Legal framework for consent in minors

The case turns on two separate legal concepts that are often confused in pediatric emergency care: capacity to consent and emergency exception to consent. A 17-year-old is still a minor, and minority status—not age alone—determines who may legally authorize surgery. The age of 15 does not confer general surgical consent authority; it is a narrow statutory threshold that applies only to specific services such as HIV testing in many jurisdictions. The cousin, regardless of age or family relationship, is not a parent or court-appointed legal guardian and therefore cannot sign as next of kin unless formally designated as such.

In a life-threatening emergency where delay would risk death or serious harm and no parent or guardian is reachable, the law presumes consent for necessary stabilizing treatment. This is the doctrine of emergency implied consent—sometimes called the emergency exception—and it applies to minors exactly as it does to unconscious adults. The Emergency Medical Treatment and Labor Act (EMTALA) reinforces this by requiring that every patient presenting to an emergency department receive a medical screening examination and stabilizing treatment, without excluding minors who arrive without a parent or guardian [1]. The hypotensive adolescent with internal bleeding who needs surgery within the hour is precisely the situation this doctrine protects.

Why the other options fail

| Option | Legal problem |
| --- | --- |
| 2. Have him sign his own consent | Minors under 18 generally cannot give legal consent to surgery. The age-15 rule applies only to specific services such as HIV testing, not to operative procedures. A 17-year-old may be mature, but maturity alone does not create legal authority to consent to surgery [4]. |
| 3. Delay surgery until a parent or guardian arrives | Delaying life-saving surgery to obtain consent when no parent or guardian is reachable violates the emergency exception and EMTALA obligations. The harm from delay outweighs the consent requirement [1]. |
| 4. Have the cousin sign as next of kin | A cousin is not a parent, legal guardian, or authorized surrogate unless formally appointed. Family relationship alone does not confer legal consent authority for a minor [1]. |

Assent versus consent

A critical distinction in adolescent emergency care is between consent (legal authorization) and assent (the minor's agreement or cooperation with treatment). The 17-year-old cannot legally consent, but he is awake and capable of understanding the situation. Seeking his assent is ethically required and clinically beneficial: it respects his developing autonomy, reduces distress, and improves cooperation with urgent interventions . The views of children assume increasing importance with age and maturity, and a 17-year-old's perspective should be actively solicited even when his signature cannot authorize the procedure [4].

Key point! Assent is not a substitute for consent. The nurse obtains assent from the adolescent while the legal basis for proceeding is emergency implied consent, not the adolescent's signature.

Documentation and communication attempts

The legal protection of emergency implied consent depends on demonstrating that reasonable efforts to obtain proper consent failed. The nurse must document every call attempt to the parents and grandmother, including times, numbers dialed, and outcomes. This documentation shows that the emergency exception was invoked only after genuine attempts to reach a legal decision-maker [1]. The cousin can provide contact information and may offer helpful history, but cannot authorize surgery.

Emergency implied consent requires that treatment be limited to what is necessary to stabilize the life-threatening condition. Once the patient is stabilized, non-emergent decisions should await contact with the parents or legal guardian whenever possible [4]. The surgery needed within the hour for internal bleeding falls squarely within the emergency exception; elective or non-urgent procedures would not.

Watch out! A common exam trap is to treat the age-15 rule as a general consent threshold. It is service-specific. Another trap is to assume any adult family member can consent for a minor—only a parent, legal guardian, or court-authorized surrogate holds that authority [1].References (research sources)

- [1]Evaluation and Treatment of Minors.Research articleBenjamin L, Ishimine P, Joseph M, Mehta S (2018) · DOI: 10.1016/j.annemergmed.2017.06.039

- [4]Consent to treatment by minors attending accident and emergency departments: guidelines.GuidelineWilliams L, Harris A, Thompson M, Brayshaw A (1997) · DOI: 10.1136/emj.14.5.286

## 임상 시나리오

Emergency Implied Consent in MinorsWhen no guardian is reachable and surgery is urgent
A minor under 18 cannot legally consent to surgery. The age-15 rule applies only to HIV testing, not general surgical consent.

When a life-threatening emergency exists and no parent or legal guardian is reachable, emergency implied consent permits stabilizing treatment. Proceed with surgery while continuing attempts to contact the family.

Always seek the adolescent's assent and document every attempt to reach parents or guardians, including times and methods.

CautionA cousin or other relative without formal legal designation cannot sign as next of kin. Delaying surgery to wait for a guardian risks death or serious harm and violates EMTALA.

## 핵심 개념

- **Emergency Implied Consent** — Legal doctrine that presumes consent for necessary stabilizing treatment when a patient cannot consent and delay would risk death or serious harm; applies to minors when no parent or guardian is reachable.
- **Minor Consent** — Individuals under 18 cannot give legal consent to surgery; consent must come from a parent or legal guardian, except in specific statutory exceptions (e.g., HIV testing at age 15).
- **Assent** — The agreement of a minor to participate in treatment, sought in addition to legal consent from a parent or guardian; does not replace legal consent.
- **EMTALA** — Emergency Medical Treatment and Labor Act; requires emergency departments to provide medical screening and stabilizing treatment to all patients, including minors without a guardian.
- **Legal Guardian** — A person with court-appointed authority to make decisions for a minor; a cousin or other relative without formal designation cannot provide legal consent.

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