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if you have an emergency contact card and you specify that

Customer Question

if you have an emergency contact card and you specify that you dont want your mom and dad contacted in a serious accident and you have a living will and your over 18 do they have to respect your wishes and not contact them?
Submitted: 5 years ago.
Category: Medical
Expert:  Dr. Chan replied 5 years ago.

HelloCustomer

 

Once you are over 18, you become legally responsible for providing consent for all medical treatments (provided that someone does not have legal guardianship over you). You have the right to implement a living will. This means that they have to respect your wishes (or face the legal consequences).

 

This is easy if the circumstance is minor and you are conscious and cognitive. However, the situation may become very complicated. For instance, if you were unconscious and there were no way to alert the medical personnel that you have such a card or a will, then they will take action that is "in your best interest" and then figure all the legal aspects later. Or if a situation is not clearly addressed in your living will, they will try to contact the next of kin for guidance. Also, if your parents are paying your bill, they will be notified with the statement.

Customer: replied 5 years ago.
so they cannot contact my mom and dad as long as i have a living will or emergency card they must obey my wishes?
Expert:  Dr. Chan replied 5 years ago.

Hello,

 

If you are conscious and/or they can find these documents in time. If they ignore them, then you have legal remedies to take (of course, your parents would have already been notified). However, in a true emergency, they may not have the documents on hand; and they must treat you to the best they can (which may include contacting your next of kin).

Customer: replied 5 years ago.
but if they find the emergency card then they cant contact them if thats stated is that correct?
Expert:  Dr. Chan replied 5 years ago.

Hello,

 

They can't without facing legal ramifications. Also, the card must clearly state so and have your signature, etc. on it.

 

They can do what they want; but if they have the card and will and ignore them, then you have legal remedies against them.

Dr. Chan, Physician
Category: Medical
Satisfied Customers: 355
Experience: Practicing Medicine and Surgery since 1992
Dr. Chan and 8 other Medical Specialists are ready to help you
Customer: replied 5 years ago.
sorry can i just ask another question they could even face legal action if the emergency contact card is ignored aswell?
Expert:  Dr. Chan replied 5 years ago.

Hello,

 

I don't know if the contact card has any legal "teeth" to it. You can't just write it down somewhere. You are best protected if there is a legal document with your name notarized, etc. Also keep in mind that if there is danger to others or to yourself, then medical personnel are required to report.

Customer: replied 5 years ago.
Hya can you have the right to refuse emergency or hospital treatment?
Expert:  Dr. Chan replied 5 years ago.
As an 18 year old, you can. Provided that they don't think that you are mentally incapable of making such decisions (this is true for everyone) or that your decision would not lead to harm to others or that your decision is not illegal

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