Published online September 1, 2004
PEDIATRICS Vol. 114 No. 3 September 2004, pp. 869-873 (doi:10.1542/peds.2004-1234)
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CLINICAL REPORT

Dealing With the Parent Whose Judgment Is Impaired by Alcohol or Drugs: Legal and Ethical Considerations

John J. Fraser, Jr., MD, JD, Gary N. McAbee, DO, JD and Committee on Medical Liability

An estimated 11 to 17.5 million children are being raised by a substance-abusing parent or guardian. The importance of this statistic is undeniable, particularly when a patient is brought to a pediatric office by a parent or guardian exhibiting symptoms of judgment impairment. Although the physician-patient relationship exists between the pediatrician and the minor patient, other obligations (some perceived and some real) should be considered as well. In managing encounters with impaired parents who may become disruptive or dangerous, pediatricians should be aware of their responsibilities before acting. In addition to fulfilling the duty involved with an established physician-patient relationship, the pediatrician should take reasonable care to safeguard patient confidentiality; protect the safety of the patient and other patients, visitors, and employees; and comply with reporting mandates. This clinical report identifies and discusses the legal and ethical concepts related to these circumstances. The report offers implementation suggestions when establishing anticipatory office procedures and training programs for staff on what to do (and not do) in such situations to maximize the patient's well-being and safety and minimize the liability of the pediatrician.

Key Words: judgment impaired • alcohol • substance abuse • disruptive parent • informed permission • informed consent

Abbreviations: AAP, American Academy of Pediatrics • HHS, US Department of Health and Human Services • OSHA, Occupational Safety and Health Administration


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