Volume 71 Number 3 May 2004	back to contents

From the Division of Adolescent Medicine/Mount Sinai Adolescent Health Center, Department of Pediatrics, Mount Sinai Medical Center, New York, NY.

Address all correspondence to Angela Diaz, M.D., Director, Mount Sinai Adolescent Health Center, 320 East 94th Street, 2nd Floor, New York, NY 10128; email: angela.diaz@msnyuhealth.org

Accepted for publication February 2004.

ABSTRACT
This article reviews the legal standards and ethical dilemmas surrounding the provision of care to adolescent patients. Uncertainty and ambiguity in this area has contributed to the underserving of the adolescent population. Usually, the legal right to consent to treatment resides with the adolescent’s parent or legal guardian; however, there are many cases in which adolescents may provide their own consent. The determination that the adolescent is “mature” is one important factor. The law generally upholds a provider’s determination of maturity of a patient. Minors also have the right to confidentiality in almost all situations in which they have the right to consent. The issue of confidentiality poses legal and ethical challenges to the provider in five discussed areas. Providers should be aware of the laws specific to their state, while keeping foremost the best interest of their patients. Providers should also encourage parental involvement and communication concerning treatment, while respecting adolescents’ right to confidentiality.

KEY WORDS
Adolescent health, ethics, legal issues, mandated reporting, patient confidentiality.

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