A 17-year-old patient who is married and on active duty in the military needs surgery and says that he can provide consent for the treatment, even though he’s a minor. Is he correct?

Answer from Elizabeth Brody Gluck, Esq. of Verrill Dana LLP

A. He is.  Although he is one year shy of majority age in Massachusetts, he fits within the “mature minor” exception to the consent requirement.  In fact, he meets two exceptions to the need for consent.  Under Massachusetts law (Mass. Gen. Laws Ch. 112, § 12F) married minors and minors on active duty have the right to consent to their own treatment.  Note that different states have different laws on this subject, so be sure to check the law in your state to determine the need for consent under certain circumstances.

Elizabeth Brody Gluck is a partner in the Boston office of Verrill, Dana, LLP.  She represents providers and health care businesses on issues related to risk management, contracting, e-health, and innovative health technology matters.  You can contact her at: ebrodygluck@verrilldana.com

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