Medical law for a minor: What information can be discussed?

[tranjl]

Help! I am trying to get credit for an answer on a test. "A 16 year old girl is admitted to the ER and tests positive for pregnancy. As the nurse, who are you able to discuss this information with?" In my opinion, there are two answers to this question that are correct. 1) the patient only , and 2) hospital staff directly involved in her care.

The answer that they gave credit for was #1. Rationale: "Staff only" no matter if they are directly related to the patients care or not does not make the answer correct because the patient would always be involved in the decision making process/care process.

I picked #2 because it is an emergency situation (she is in ER) and medical personnel are trying to establish a plan of care with the client. Pregnancy status changes what meds can be given , etc. The answer will not be credited unless I give them proof from credible sources.

Please help me prove that the staff needs to know in order to participate in the patient's care, otherwise what's the point in going to the ER.

So far I have found in Mosby's NCLEX review "In an emergency situation, 2 physicians may sign consent for the client when failure to intervene may cause death or when common law permits administration of health care to unconscious or mentally incompetent persons in an emergency situation."

....and in Medical Surgical nursing by Harkreader "Courts have established the information to be shared with a client to obtain informed consent. A physician is responsible for conveying information and obtaining informed consent for medical procedures."

A minor is medically emancipated if pregnant. Your advice is very much appreciated!!

[VickyRN, MSN, DNP, RN]

If indeed the question stem contains the phrase "As the nurse, who are you able to discuss this information with," then I agree with you - both answers would have to be correct. BTW, I work part-time in a small community hospital ER.

This seems to be a poorly-constructed test item.

[NicuGal, MSN, RN]

I believe the law concerning pregnant teens varies from state to state. In the state I live in, the mother, who is under 18 years old, cannot give full consent for herself for any procedure, her guardian/parent has to co-sign, but once she has the baby she can sign all the consents for her child. Doesn't make much sense, but it is what it is. We go round and round with this all the time where I work. A 14 year old mom can consent to a major surgery with no co-signature on her 24 week baby, but she can't sign for herself unless she is emancipated and living on her own and has a court paper that says so.