Is it legal for a doctor to prescribe antidepressant to an underage child without guardian consent or at least notification?
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Is it legal for a doctor to prescribe antidepressant to an underage child without guardian consent or at least notification?
I recently was granted guardianship over my 17 year old niece. Her parents passed away. She went to the doctor and was prescribed antidepressants without my knowledge or consent. I noticed that she had been acting different that normal, staying our past curfew, missing school. I had no idea what was going on with her. After much questioning, she told me what the doctor had done. I know that antidepressants can cause suicidal thoughts. Shouldn’t an adult know so they could be looking for signs?
Asked on October 27, 2015 under Malpractice Law, Kentucky
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Although a reasonable medical practitioner in the community would have kept the parent or guardian informed of the medication prescribed to a minor, since your niece did not sustain any injury or illness requiring medical treatment as a result of the anti-depressants, there would not be any medical malpractice case because there would not be any damages ( monetary compensation) without documented injury/illness.
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