North Carolina General Statutes Chapter 90. Medicine and Allied Occupations § 90-21.4. Responsibility, liability and immunity of physicians

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) Any physician licensed to practice medicine in North Carolina providing health services to a minor under the terms, conditions and circumstances of this Article shall not be held liable in any civil or criminal action for providing such services without having obtained permission from the minor's parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment.  The physician shall not be relieved on the basis of this Article from liability for negligence in the diagnosis and treatment of a minor.

(b) The physician shall not notify a parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment, without the permission of the minor, concerning the medical health services set out in G.S. 90-21.5(a) , unless the situation in the opinion of the attending physician indicates that notification is essential to the life or health of the minor.  If a parent, legal guardian[,] person   1 standing in loco parentis, or a legal custodian other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment contacts the physician concerning the treatment or medical services being provided to the minor, the physician may give information.

1 So in original.

Cite this article: FindLaw.com - North Carolina General Statutes Chapter 90. Medicine and Allied Occupations § 90-21.4. Responsibility, liability and immunity of physicians - last updated January 01, 2020 | https://codes.findlaw.com/nc/chapter-90-medicine-and-allied-occupations/nc-gen-st-sect-90-21-4.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard