Can a patient sue her doctor for medical negligence after signing an informed consent agreement in Texas? I think my pregnant daughter's doctor had no right to accept an informed consent from my daughter since she is only 17 years old. She is single and lives on her own independently. But now she is complaining about feeling sick after treatments that the doctor gave her for her pregnancy. I think as her mother I should be the one that must give consent to a doctor for my minor daughter's medical care and treatment.
Can a patient sue a doctor for negligence after signing an informed consent agreement?
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While in general minors must have their parents or other legal guardians give consent for them, many states have exceptions. Common exceptions include when minors are being treated for drug and chemical addiction or when they are treated for an infectious disease that is required by law to be reported. Texas law recognizes the right of minors to consent to medical treatment without permission from a parent or other guardian in certain situations. For example, a minor who is at least 16 years old, lives separate from his/her parents or other legal guardian, and is financially self-supporting can consent to medical and surgical treatment. A minor can also consent to any hospital, medical, or surgical treatment related to her pregnancy (except abortion) if she is unmarried and pregnant.
Your daughter meets both requirements for giving her doctor informed consent as an independent minor who is 17 and seeking medical treatment related to her pregnancy. While the doctor could have advised you about your daughter's treatment, he is under no obligation to seek your permission for the treatment. Consent given by your daughter cannot subsequently be disaffirmed because of minority.
But your daughter can consult a medical malpractice attorney to determine if her doctor committed medical negligence while treating her for her pregnancy.
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