NCLEX question from Review

[JoeWBlow]

I got this question and the answer doesn't seem right to me.

Which client is legally able to sign a consent for surgery?

The correct answers given are 2 & 4.

Well, 2 is obvious, but look at this rationale for 4???

The 17 year old client is considered a minor and cannot provide legal consent if a parent or legal guardian is present or readily available. However, since the parents are not available, the emergency exception rule, known as "implied consent" would be followed in which there is an assumption that, if present, the legal guardian would consent to the emergency treatment of the minor. The primary healthcare provider must document the nature of the emergency, the reason why immediate treatment is required, and the attempts to obtain consent from the minors parents or legal guardian.

Is implied consent the same as what the question asks? I understand implied consent and the reason a surgery would be performed. However, the questions asks "Which client is legally able to sign a consent for surgery?"

[TheCommuter, BSN, RN]

Did this test question come from the actual NCLEX exam or a review book? The site's terms of service prohibits members from posting copyrighted material.

http://www.turner-white.com/pdf/hp_mar99_emergmed.pdf

Read the link posted above...mature minors can legally consent in mergent situations.

For minors in an emergency care situation, the commonly accepted rule is similar to that of legal adults.

Physicians generally are not held liable for treating a minor without parental consent when an emergency exists and immediate injury or death could result from the delay associated with attempting to obtain parental consent.

Other courts apply the mature minor exception, which allows the minor to give informed consent if the patient has the ability to understand and comprehend the nature of the proposed treatment as well as the associated risks and potential results in view of the surrounding circumstances.