Florida/Georgia Personal Injury & Workers Compensation

...of a tanning device, and agrees that the minor will use the provided protective eyewear"). [57] See Fla. Stat. § 743.064 (delineating framework for giving emergency medical care or treatment to minors without parental consent); See also Fla. Stat. § 743.0645 (listing persons who may consent to the medical care or treatment of a minor)....

...17 years of age commits a felony of the second degree..."). [67] See Fla. Stat. § 540.08. [68] See Fla. Stat. § 743.064 (delineating framework for giving emergency medical care or treatment to minors without parental consent); See also Fla. Stat. § 743.0645 (listing persons who may consent to the medical care or treatment of a minor)....

...Bacardi Imports Co., 541 So.2d 1129, 1139 (Fla.1989)). In general, before a minor child can obtain medical treatment—unless an emergency renders obtaining consent impractical—her parent or guardian must consent to the treatment. See §§ 743.064(2), 743.0645(2), Fla.Stat....

...*270 Finally, the plaintiffs complain that the Act does not define exactly what amounts to "reasonable efforts." But regulations governing physicians (among others) are commonly couched in terms of reasonableness. See, e.g., §§ 458.331(1)(s), (1)(t), & (1)(v), Fla.Stat. (1999); see also § 743.0645(2), Fla.Stat....

...care" referenced in section 39.01(70), and the "medical treatment" referenced in section 39.407(13), include surgery. These terms are not defined in Chapter 39. In construing the terms "ordinary medical... care" and "medical treatment" in Chapter 39, it makes sense to look to section 743.0645(1)(b) and read the two chapters together because Chapter 743 makes reference to Chapter 39, and in turn, Chapter 39 makes reference to Chapter 743....

...truction requires that "all parts of a statute must be read together in order to achieve a consistent whole. Where possible, courts must give effect to all statutory provisions and construe related statutory provisions in harmony with one another.") Section 743.0645(1)(b), which deals with persons who may consent to medical care of a minor states: "Medical care and treatment" includes ordinary and necessary medical and dental examination and treatment, including blood testing, preventive care in...

...and well-child care, but does not include surgery, general anesthesia, provision of psychotropic medications, or other extraordinary procedures for which a separate court order, power of attorney, or informed consent as provided by law is required. Section 743.0645(1)(b) specifically excludes surgery from the definition of "medical *832 care and treatment." As section 39.01(33) and section 39.01(70) both concern "ordinary medical ......

...care," and section 39.407(13) concerns "medical treatment," it is logical to conclude that surgery is excluded from the definition of "ordinary medical care" and "medical treatment." The provisions in Chapter 39 are silent on the subject of surgery. Section 743.0645(1)(b) is consistent with Chapter 39 in deeming "medical care and treatment" as ordinary, but then draws the distinction between ordinary and extraordinary that was only implicit in Chapter 39 by explicitly placing "medical care and treatment" in the former category and surgery in the latter. A routine medical examination is one thing, but surgery is another altogether, as it is much more inherently invasive by nature. Certainly, it is not "ordinary" in nature. In fact, as indicated, section 743.0645(1)(b) explicitly deems surgery to be "extraordinary." And while the surgery at issue in the instant case is perhaps relatively minor in nature, the statute (wisely) does not attempt to make distinctions among the almost endless different types of surgical procedures....

...ngular. Id. Like the general medical consent statute, the statute on removal of the. disability of nonage of minors authorizes a-parent, a legal custodian, or a legal guardian — sin-, guiar — to consent, to a minor’s medical care or treatment. § 743.0645(l)(c), Fla....

...care” referenced in section 39.01(70), and the “medical treatment” referenced in section 39.407(13), include surgery. These terms are not defined in Chapter 39. In construing the terms “ordinary medical ... care” and “medical treatment” in Chapter 39, it makes sense to look to section 743.0645(l)(b) and read the two chapters together because Chapter 743 makes reference to Chapter 39, and in turn, Chapter 39 makes reference to Chapter 743....

...tion requires that “all parts of a statute must be read together in order to achieve a consistent whole. Where possible, courts must give effect to all statutory provisions and construe related statutory provisions in harmony with one another.”) Section 743.0645(l)(b), which deals with persons who may consent to medical care of a minor states: “Medical care and treatment” includes ordinary and necessary medical and dental examination and treatment, including blood testing, preventive car...

...and well-child care, but does not include surgery, general anesthesia, provision of psychotropic medications, or other extraordinary procedures for which a separate court order, power of attorney, or informed consent as provided by law is required. Section 743.0645(l)(b) specifically excludes surgery from the definition of “medical *832 care and treatment.” As section 39.01(33) and section 39.01(70) both concern “ordinary medical .......

...care,” and section 39.407(13) concerns “medical treatment,” it is logical to conclude that surgery is excluded from the definition of “ordinary medical care” and “medical treatment.” The provisions in Chapter 39 are silent on the subject of surgery. Section 743.0645(l)(b) is consistent with Chapter 39 in deeming “medical care and treatment” as ordinary, but then draws the distinction between ordinary and extraordinary that was only implicit in Chapter 39 by explicitly placing “medical care and treatment” in the former category and surgery in the latter. A routine medical examination is one thing, but surgery is another altogether, as it is much more inherently invasive by nature. Certainly, it is not “ordinary” in nature. In fact, as indicated, section 743.0645(l)(b) explicitly deems surgery to be “extraordinary.” And while the surgery at issue in the instant case is perhaps relatively minor in nature, the statute (wisely) does not attempt to make distinctions among the almost endless different types of surgical procedures....

...Bacardi Imports Co., 541 So.2d 1129, 1139 (Fla.1989)). In general, before a minor child can obtain medical treatment — unless an emergency renders obtaining consent impractical — her parent or guardian must consent to the treatment. See §§ 743.064(2), 743.0645(2), Fla.Stat....

...*270 Finally, the plaintiffs complain that the Act does not define exactly what amounts to “reasonable efforts.” But regulations governing physicians (among others) are commonly couched in terms of reasonableness. See, e.g., §§ 458.331(l)(s), (l)(t), & (l)(v), Fla.Stat. (1999); see also § 743.0645(2), Fla.Stat....