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Informed consent is an important concept in healthcare fields. For minors, this usually means their guardian manages this education and decisions, but the guidelines may not always be clear regarding who is in charge of which decisions. If you have concerns about the treatment your provider gave and whether or not you or your child consented, it’s important to remember that you have the power to seek legal advice. Our knowledgeable Portland medical malpractice lawyer with Paulson Coletti Trial Attorneys is here to help you navigate these complex issues.
Informed consent, in Oregon, refers to a patient’s reasonable understanding of their medical situation and treatment options. The Oregon Medical Board states that the patient must be adequately advised of:
In most cases, the provider may give these explanations verbally or provide them to the patient in writing. The provider must also allow the patient to ask questions or request more in-depth explanations and then provide the requested information. If the patient is unable to consent for themselves, consent is collected from their legal representative.
At Paulson Coletti, “liberty and justice for all” is more than just a phrase – it is our mandate. Our team of trial lawyers is driven to pursue justice for the injured, ensuring that the responsible parties are held accountable. With a high success rate both in and out of the courtroom, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.
In Oregon, the designation of a minor is the same as anywhere else in the United States. You are a minor if you are under 18 unless you are emancipated or married, at which point you are an adult. Oregon law provides some exceptions to this in specific circumstances. There are a variety of services that a minor may consent to on their own without parental consent while still under the age of 18 or considered a minor.
Different types of services may have different age requirements for consent. In a pamphlet about understanding minor consent and confidentiality in health care in Oregon, the Department of Human Services (DHS) explains some of the services a minor may obtain without their legal guardian’s consent. There are always exceptions, but general guidelines state that minors may access and consent to their healthcare in the situations below.
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When care is administered by a licensed physician or nurse practitioner acting within their scope, a minor may seek and consent to services such as hospital care and medical or surgical diagnoses. They may also have access to dental care from a dentist licensed by the Oregon Board of Dentistry. A minor may also access care from a licensed optometrist as long as it is not necessary to obtain contact lenses for the first time. These guidelines are under ORS 109.640.
In the state of Oregon, mental health and drug and alcohol addiction services may be available to minors at the age of 14 without guardian consent. As outlined in ORS 109.675, this may include outpatient therapy or medication services from a psychiatrist, except methadone treatment. The statute also requires that the provider include the parents in treatment unless it is contraindicated for reasons determined by the provider.
A minor of any age may access some reproductive healthcare services. This may include services for STI assessment and treatment, prenatal, postnatal, or delivery services, as well as contraception. Reproductive health services regarding abortion or elective sterilization procedures may require additional steps for consent as laid out in ORS 109.640.
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Informed consent is a valued act in healthcare, and that is supported by the multiple informed consent clauses in professional ethical standards across fields of healthcare. Allowing your patients to understand their care empowers them to make informed choices for themselves and opens a dialogue that may not otherwise be there. Allowing minors to seek out medical care on their own increases accessibility to needed services. When there is a standard of informed consent, it also empowers our kids to think critically about their decisions and what is best for them.
At Paulson Coletti, a local firm based in Oregon, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win-because justice should never come with financial risk.
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Working with John was an excellent experience from start to finish. He fought long and hard to secure a fair and just settlement in our case, and his dedication never wavered. John and his staff were consistently considerate, helpful, and communicative throughout the entire process, always taking the time to answer our questions and keep us informed. Given the complicated and sensitive nature of our case, I’m truly grateful we had John in our corner. Thanks to his hard work and expertise, we achieved a better outcome than we could have hoped for.
I had an excellent experience working with Jane and her team on my accident case. From start to finish, their team was professional, responsive, and genuinely cared about getting the best possible outcome for me.
I highly recommend Paulson Coletti Trial Attorneys to anyone who needs legal representation. They made a stressful situation much easier to navigate, and I’m extremely grateful for everything they did for me.
I recently engaged John Coletti to represent me in a challenging legal matter, and I cannot recommend him highly enough. From our initial consultation, it was evident that John possessed an exceptional depth of knowledge, strategic acumen, and unwavering dedication to his clients. He took the time to thoroughly understand the nuances of our case, explaining complex legal concepts in clear, accessible terms while always keeping me informed and involved throughout the process.
John not only delivered outstanding results but also provided compassionate support during what could have been an overwhelming stressful time.
If you’re seeking an attorney who combines professionalism, integrity, and proven success, look no further than John Coletti.
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This page has been written, edited, and fact-checked by our team of legal writers in accordance with our editorial guidelines. It has been approved by partners Jane Paulson and John Coletti—respected trial attorneys with decades of experience representing personal injury victims.
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