Is it legal for a doctor to prescribe antidepressant to an underage child without guardian consent or at least notification?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption