I'm a minor. If I want to refuse a medical procedure, such as a wisdom tooth extraction or a non-obligatory shot/vaccine, am I within my rights? I understand that I probably need to be informed on the procedure that I wish to refuse, and the medical consequences of my refusal, and I plan on talking to my doctor about this, but my mother is very controlling. There are several minor, unnecessary medical procedures that I do not want to undergo, but I haven't been able to find any information about my medical rights as a minor. I am 16, so I qualify as a competent minor.
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Answers & Comments
As a minor, you can't refuse treatment if your parent has authorized it. In the case of life-saving treatment, the doctor could even go to court for an order to force you to accept the treatment. But if the treatments are minor and won't significantly affect the quality of your life, your doctor may talk your feelings into consideration and talk with your mother about not doing the treatment. Something like a wisdom-tooth extraction, if it is not abscessed and not causing any problems with the growth of your jaw bones, can probably be postponed.
Regarding vaccines, don't be an idiot. You're too young to know what's "unnecessary". I guarantee that the short- and long-term consequences of actually suffering the disease are far worse than any side-effects of the vaccine at your age. I grew up in the early years of vaccine availability and many of my classmates had already suffered the diseases before they could be vaccinated. Ask any polio victim if they would have preferred the vaccine to living with leg braces, a wheelchair, or an iron lung. Ask any sterile man if he would have preferred to have been vaccinated against mumps. Ask anyone who's lost their sight or hearing to a preventable disease if they'd rather be able to see and hear again.
As a minor you have very few rights.
Medical care is the responsibility of your legal guardians, and if they have been deemed negligent the state can take over with a Judge's order.
You have no rights.
Generally, no, and the examples you gave are all very necessary. None of them are remotely "unnecessary".
the general answer is that until you are a adult in the eyes of the law -- no. you are under your parents' care. they decide. only if it becomes a life/death matter will their decision be overruled by the courts
You have none..
Source(s):
....I am a retired police officer. I retired as a sergeant, after 29 years, from a very large department, about 12,000 officers. I was a patrol officer for 4 years in a very diverse area. I was a tactical officer in the high rise project areas of my city. We called it vertical patrol in that we walked the the stairways of the high rises most of the time. I did that for 5 years and was promoted by test to detective. I worked violent crime (homicide, sex, officer involved shootings, robbery, kidnapping, serious non property incidents) for 11 years until I was promoted to sergeant. I worked as a street supervisor, a bicycle patrol supervisor and a desk sergeant/watch commander.
During my time as a tactical officer and a detective I was a unit representative for the police union.
I have a B.A in English and an M.S. in Law Enforcement Administration....
No. You have no rights about this. Your parents call the shots.
You don't say what Country you are in, but generally a "Competent Minor" has to do with approving Medical Procedures. So you may be within your rights to deny as well, but your parents may legally have the final say. A lot may come down to your doctor(s). If you have a good relationship with them and have valid concerns they may help you in convincing your mom otherwise.
The interesting thing here is you state that they are "unnecessary". As a 16 year old, unless you have recently graduated Medical School you are not going to be taken as an "expert" in the field of medicine and will probably need a bit more than "I read it on the Internet" to justify your "unnecessary" claim.
You could simply resist treatment. Tell your doctor you will not willingly comply with his advice. Unless its a life saving surgery he'll refuse the procedure. Also, if you doctor thinks what you mom is doing is frivolous he will refuse to do the procedures and report potential abuse (Munchhausen by proxy) to authorities/social services and recommend flagging/monitoring any changes to your medical records. If you're right, there's a VERY SMALL chance your mom will take steps to make you sick so you must be treated. Beware.
This reminds me of a case of a kid who died in a car accident while driving drunk shortly after getting a kidney transplant. the kid had been knocked off the transplant list several times before for making reckless choices. doctors thought that he would just abuse the gift or endanger himself if granted the transplant. they refused him a transplant several times based on his refusal to comply with doctor's demands.