LANDMARK COURT CASE
LANDMARK COURT CASE
Judge Rules That Minor May Consent to Her Own Medical Treatment
Nancy, a 17-year-old Kansas girl, gave permission for a doctor to transplant some skin from her wrist to her finger. Her mother later sued on Nancy’s behalf, on the grounds that Nancy was a minor.
Nancy’s mother had been hospitalized for major surgery. After the operation, Nancy accompanied her mother to her hospital room. A nurse asked Nancy to wait in the hallway. She didn’t notice that Nancy’s hand was resting on the wall near the door jamb, with her right ring finger in the space between the door and the jamb. As the nurse closed the door, Nancy cried out in pain. The door had closed on her finger, severing the tip.
Nancy was taken to the emergency room, where a doctor decided to graft a small piece of skin from Nancy’s wrist over the raw tip of her finger. Nancy’s mother was still recovering from her surgery, and it would be hours before she could give consent for her daughter’s treatment. Nancy’s parents were divorced, and her father lived in another city. To spare Nancy a long, uncomfortable wait, the emergency room physician called the girl’s family physician and received his agreement that he should treat Nancy.
When Nancy’s mother recovered, she sued the hospital, claiming that the nurse had been negligent in causing her daughter’s injury and that the doctor had not obtained proper consent to treat her minor daughter.
The nurse was not found negligent. Regarding the question of consent, the Kansas Supreme Court ruled that Nancy “was of sufficient age and maturity to know and understand the nature and consequences of the ‘pinch graft’ utilized in the repair of her finger.”
DIRECTIONS
methodically review the Landmark Court case in chapter 11 (Judge Rules That Minor May Consent to Her Own Medical Treatment) of your text book; 2. state the simple rule of law found in the case; and 3. the impact they will have on healthcare where you are going to be employed (how does a writ of certiorari impact each case.
Exercise your ability to concisely summarize without leaving out important facts. Be realistic yet creative in your answers. Assume that your boss, who only has a limited amount of time to deal with any issue, will be making business decisions upon the information that you provide and the authority to grant you the promotion that you strongly desire.
