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. 2010 Nov;126(5):1022-31.
doi: 10.1542/peds.2010-2150. Epub 2010 Oct 25.

Consent by proxy for nonurgent pediatric care

Gary N McAbee; Committee on Medical Liability and Risk Management American Academy of Pediatrics
Collaborators

Consent by proxy for nonurgent pediatric care

Gary N McAbee et al. Pediatrics. 2010 Nov.

Abstract

Minor-aged patients are often brought to the pediatrician for nonurgent acute medical care, physical examinations, or health supervision visits by someone other than their legally authorized representative, which, in most situations, is a parent. These surrogates or proxies can be members of the child's extended family, such as a grandparent, adult sibling, or aunt/uncle; a noncustodial parent or stepparent in cases of divorce and remarriage; an adult who lives in the home but is not biologically or legally related to the child; or even a child care professional (eg, au pair, nanny). This report identifies common situations in which pediatricians may encounter "consent by proxy" for nonurgent medical care for minors, including physical examinations, and explains the potential for liability exposure associated with these circumstances. The report suggests practical steps that balance the need to minimize the physician's liability exposure with the patient's access to health care. Key issues to be considered when creating or updating office policies for obtaining and documenting consent by proxy are offered.

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