NREMT Emergency Medical Technician (EMT) Cognitive ExamEMS OperationsMedium

An EMT is treating a 6-year-old child who has fallen from a swing set at a public park. The child is conscious, crying, and has a deformed forearm. The child's parents are not present, and the child is accompanied by a neighbor who states they are 'watching him for the afternoon.' What type of consent allows the EMT to provide care to the child?

  1. AInformed consent from the child.
  2. BIn loco parentis.
  3. CExpressed consent from the neighbor.
  4. DImplied consent.
Show answer & explanation

Correct answer: B. In loco parentis.

In loco parentis applies when a person, such as a teacher or babysitter, is legally responsible for a minor in the absence of a parent or legal guardian. The neighbor, acting in this capacity, can provide consent for the child's care.

Why the other options are wrong

  • A. A 6-year-old child is not legally able to provide informed consent for medical treatment.
  • C. While the neighbor gives expressed consent, the legal basis for them to do so for a minor is 'in loco parentis'.
  • D. Implied consent is typically for unconscious or incapacitated patients when no guardian is present.

In Loco Parentis

A legal doctrine where an individual, not a biological parent or legal guardian, assumes the parental rights and responsibilities for a minor.

  • Allows for consent for medical treatment of a minor.
  • Applies to teachers, camp counselors, or babysitters.
  • Requires the parent/guardian to be absent and the minor to need care.

Memory trick: Parents permit, Loco acts, Emancipated decides.

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