torts advice on medical consent-vaccination

[mohammedina]

Hi

I am a part-time worker heavily involved in anti-vaccination campaigns and have a hypothetical scenario that I need advice about from a legal perspective, to assist with my campaign.
If a doctor has a patient, who is 15 and lives at home with her parents and has been dating another 15 year old boy for around 3 months. The doctor will be referred to as DR, the patient G and her boyfriend B. Recently they have been engaging in sexual intercourse, using condoms. G believes she is mature enough, and she visited DR to ask about contraception and she wanted the pill. After reviewing her history, DR realised G hadn't received any vaccinations against HPV which can cause cervical cancer. G missed out on the HPV vaccination injection conducted by her school as her parents had been living overseas. DR believed that G should receive this vaccination, and also evaluated that G was responsible enough to make her own decision whether or not to have the injection, but then suppose DR asked G if her parents knew about her seeking sexual advice from him, only to find out that they didn't know that she was sexually active.

If G then informed DR her parents were strongly opposed to anti-vaccination treatments, conducting rigorous campaigns. Her parents also didn't believe that she was mature enough to make big decisions about her health.
Suppose DR vaccinates G against HPV without prior consent of G's parents, and then they discover she has received this vaccination. G's parents protest outside DR's clinic, screaming slogans and dissuading patients from visiting DR's clinic, occasionally succeeding in doing so. G's parents did not though enter DR's property. DR believed that the protestors' noise disrupted his consultations. The protestors pledged to continue protesting until DR stops administering this HPV vaccination, as they think it's risky.

What issues, defences and remedies would arise from this for DR from a legal/tortious perspective? Would this advice differ if DR had sought advice from a lawyer before administering the vaccination?

 

[TheGeekess]

Hi

I am a part-time worker heavily involved in anti-vaccination campaigns and have a hypothetical scenario that I need advice about from a legal perspective, to assist with my campaign.
If a doctor has a patient, who is 15 and lives at home with her parents and has been dating another 15 year old boy for around 3 months. The doctor will be referred to as DR, the patient G and her boyfriend B. Recently they have been engaging in sexual intercourse, using condoms. G believes she is mature enough, and she visited DR to ask about contraception and she wanted the pill. After reviewing her history, DR realised G hadn't received any vaccinations against HPV which can cause cervical cancer. G missed out on the HPV vaccination injection conducted by her school as her parents had been living overseas. DR believed that G should receive this vaccination, and also evaluated that G was responsible enough to make her own decision whether or not to have the injection, but then suppose DR asked G if her parents knew about her seeking sexual advice from him, only to find out that they didn't know that she was sexually active.

If G then informed DR her parents were strongly opposed to anti-vaccination treatments, conducting rigorous campaigns. Her parents also didn't believe that she was mature enough to make big decisions about her health.
Suppose DR vaccinates G against HPV without prior consent of G's parents, and then they discover she has received this vaccination. G's parents protest outside DR's clinic, screaming slogans and dissuading patients from visiting DR's clinic, occasionally succeeding in doing so. G's parents did not though enter DR's property. DR believed that the protestors' noise disrupted his consultations. The protestors pledged to continue protesting until DR stops administering this HPV vaccination, as they think it's risky.

What issues, defences and remedies would arise from this for DR from a legal/tortious perspective? Would this advice differ if DR had sought advice from a lawyer before administering the vaccination?

If 'the protestors' think the vaccine is so risky, nobody is forcing them to receive the vaccine. Why are they trying to remove that choice from other people?

 

[Proserpina]

Hi

I am a part-time worker heavily involved in anti-vaccination campaigns and have a hypothetical scenario that I need advice about from a legal perspective, to assist with my campaign.
If a doctor has a patient, who is 15 and lives at home with her parents and has been dating another 15 year old boy for around 3 months. The doctor will be referred to as DR, the patient G and her boyfriend B. Recently they have been engaging in sexual intercourse, using condoms. G believes she is mature enough, and she visited DR to ask about contraception and she wanted the pill. After reviewing her history, DR realised G hadn't received any vaccinations against HPV which can cause cervical cancer. G missed out on the HPV vaccination injection conducted by her school as her parents had been living overseas. DR believed that G should receive this vaccination, and also evaluated that G was responsible enough to make her own decision whether or not to have the injection, but then suppose DR asked G if her parents knew about her seeking sexual advice from him, only to find out that they didn't know that she was sexually active.

If G then informed DR her parents were strongly opposed to anti-vaccination treatments, conducting rigorous campaigns. Her parents also didn't believe that she was mature enough to make big decisions about her health.
Suppose DR vaccinates G against HPV without prior consent of G's parents, and then they discover she has received this vaccination. G's parents protest outside DR's clinic, screaming slogans and dissuading patients from visiting DR's clinic, occasionally succeeding in doing so. G's parents did not though enter DR's property. DR believed that the protestors' noise disrupted his consultations. The protestors pledged to continue protesting until DR stops administering this HPV vaccination, as they think it's risky.

What issues, defences and remedies would arise from this for DR from a legal/tortious perspective? Would this advice differ if DR had sought advice from a lawyer before administering the vaccination?

And it honestly depends on where they're all located.

In many (if not all/most) US states, a minor CAN make certain medical decisions related to their reproductive rights without consent of the parents.

And frankly, it would make the parents complete idiots to protest such a decision.

 

[OHRoadwarrior]

We do need to get those females implanted with RFID chips. That way we can program them in the airport scanners.

 

[mohammedina]

If 'the protestors' think the vaccine is so risky, nobody is forcing them to receive the vaccine. Why are they trying to remove that choice from other people?

because they obviously regard the vaccination as being too risky and harmful for administration, also there are many reasons/factors/beliefs that influence anti-vaccination protests/thoughts

 

[OHRoadwarrior]

Actually, in all seriousness I do not like the vaccine idea. Nor does my spouse or daughter who declined it. Long term effects have not been established.

 

[Proserpina]

Of course they have. The vaccine was studied for YEARS before it was released. Typical anti-science ignorant crap. But maybe you would be happier if your daughter got cancer (your wife was most likely too old to get it by the time it was released anyway).

I wish more people would actually believe ^^^^ this reality, rather than listening to the scare-mongering, media-needy sheep.

 

[Proserpina]

because they obviously regard the vaccination as being too risky and harmful for administration, also there are many reasons/factors/beliefs that influence anti-vaccination protests/thoughts

And that doesn't change the fact that a minor can make their own decisions about their reproductive system. The parents can basically take a long walk off of a short pier.

(And I'm being polite)

 

[OHRoadwarrior]

There is this for example:

HPV Vaccines: Japan requires disclosure of side effects
Acute disseminated encephalomyelitis (ADEM): Acute disseminated encephalomyelitis (ADEM) may occur. In such cases, pyrexia, headache, convulsion, movement disorder, and disturbed consciousness, etc., generally occur within several days to 2 weeks after vaccination. If ADEM is suspected, diagnosis should be made by MRI etc., and appropriate measures should be taken.

Guillain-Barre syndrome: Guillain-Barre syndrome may occur. If any symptoms such as flaccid paralysis originating from the distal extremities, decreased or absent tendon reflexes, appropriate measures should be taken.
Japan’s actions raise questions for medical consumers worldwide

1) Do your health authorities believe in the right to informed consent?

2) Will the risks associated with HPV vaccines be explained, as well as the benefits?

3) Will alternative cervical cancer preventive measures be explained?

4) Will the risk factors for developing cervical cancer be explained?

5) Do health authorities in your country understand what adverse effects are possible after HPV vaccines?

6) Are your healthcare providers trained to recognize these events as possible vaccine reactions?

7) What happens if you experience an adverse reaction to an HPV vaccine?

Think about it – if HPV vaccines are as good as they should be, all of these questions should be easy to answer. You have a right to know. It is called the right to informed consent.

What is more important to you – vaccine safety, or vaccine uptake?

I wish more people would actually believe ^^^^ this reality, rather than listening to the scare-mongering, media-needy sheep.

 

[Proserpina]

The discussion is completely moot to begin with.

The bottom line is that in many jurisdictions (if not all), a minor can absolutely make their own decisions regarding reproductive health. Hence the issue of "without parental consent" matters not.

 

[cbg]

Since when do we do hypotheticals?

 

[Mass_Shyster]

Suppose DR vaccinates G against HPV without prior consent of G's parents

Since G didn't give consent either, DR can be charged with assault and battery.