Under Health Care Risk Management principles outlined by ASHRM and the American Hospital Association Certification Center, cases involving sterilization of minors, particularly those who are developmentally disabled, raise significant legal and regulatory concerns. The risk manager’s primary responsibility is to ensure compliance with applicable consent laws and protect patient rights while minimizing organizational liability.
First, determining who has legal consent authority is essential. When parents disagree, state law typically governs whether both parents must consent, whether one parent’s consent is sufficient, or whether court involvement is required. Second, evaluating the competency level of the patient is critical because decision-making capacity influences whether the patient can participate in consent or assent processes. Capacity assessments may require clinical and legal evaluation.
Third, state statutes and laws are highly relevant, as many jurisdictions impose strict legal requirements or court approval for sterilization of minors or individuals with developmental disabilities. These laws are designed to protect vulnerable populations.
The patient’s diagnosis alone is not the determining legal factor; rather, decision-making capacity and statutory requirements are central. Therefore, the risk manager must evaluate consent authority, competency, and applicable state laws to ensure regulatory compliance and ethical integrity.
