Hi so I might be wrong but youre in the medical field arent you? If yu arent then you can just ignore this. Ok so basically im thinking of writing a fic where its a high school AcaDec so the students are minors, and they have a like 6 hour flight for a competition and then while theyre there their bus crashes and the teacher and some students pass out and they need urgent surgery and so does the hospital have the right to make them undergo immediate surgery without consent, and what abut those..
Hi, anon! I am indeed in the medical field and would be more than happy to answer your question.
First and foremost, let me clarify that I work in healthcare within the states, so I cannot answer how other countries perform within their medical systems based off their laws. Every country is different and obviously when studying medicine you only study the laws of the country you plan to practice in.
So what you’re asking about is more or less called The Emergency Exception. This is where informed consent is bypassed. The strictures on this are very limiting – the patient must be completely incompetent to consent and in need of treatment to save his or her life or prevent a permanent disability.
We’re talking “hurry up, we need to re-attach his arm if he has a chance at regaining mobility!” or “if we don’t remove his ruptured spleen this instant he’ll go septic and die!” We’re not talking “he has a nasty compound fracture that needs repaired” or “this wound needs flushed and the necrosis muscle tissues need removed.”
Something to understand about medicine is it’s not all like the shows and movies – a person being rushed off from an accident (even a very terrible one) isn’t going to immediately be pulled into the O.R. This happens seldom to none. It’s because doctors must stabilize the patient first. This is where trauma rooms come into play. How they must stabilize them and how long this takes depends on their injury. Sometimes patients die in a trauma room before they can see the operating table because their injuries were too severe. This would not change if they were instead rushed to the O.R, If anything, we would make it worse by cutting them open and messing around.
So with that said, you’re discussing a fictional scenario where a minor (or minors) need urgent surgery without consent. Whatever these injuries are, they must be critical enough that the physicians feel they must move quickly without bothering to wait for the parents consent. Most of the time, nurses are already making phone calls while the patient is being stabilized, and consent is given over the phone. In a situation where this can’t happen (maybe the phone is dead, was destroyed, ect) then the physician would make a competent decision on whether or not the patient can wait for an operation and if the answer is that they can’t wait, they would exercise their right to rely on The Emergency Exception.
If a consequence of this ends up being the death of said patient, and the parents decide to sue for malpractice because no one consented, 9 times out of 10 the physician would be protected under a code of ethics. Doctors are here to save lives, when necessary. They follow so many rules to the tee when they can, but they’re given the leeway when situations occur where they just can’t. Consent is not required in an emergency, that’s just how that is.
Now, the thing with minors is it can get a little tricky. There’s this thing called “parens patriae“ It basically means the state can act as the parent and give consent. This law is in play for a child’s safety. Let’s say the child had a dog bite and needed to undergo surgery but the parents didn’t want their child to ever go under anesthesia, so they refused consent. If the physician felt the child would lose their arm due to infection, they would overrule the parent’s refusal of consent and perform the surgery. Then child services would come into play and ladadadada.
Lastly, no, school districts don’t matter at all.
That sorta wraps up that answer in a nutshell. Of course, fanfiction is fiction and you’re free to play with the laws of life as much as you choose. My only advice, if you wish to keep this as realistic as possible, would be to make the injuries of the patient undergoing emergency surgery as severe as possible. This can be tricky with a bus accident though, as a lot of victims of car/bus accidents don’t usually obtain injuries that would require that sort of treatment. Motorcyclists, on the other hand…
Now, I don’t work in a trauma O.R so anyone that comes in from a nasty accident who needs trauma treatment, the E.R stabilizes and they get flown via helicopter into the city to the nearest trauma hospital in my county. Again – showing that a patient is always stabilized before undergoing the knife.
I hope that helped ya and good luck with your fic!