Przeprowadzanie wizyt lekarskich i procedur bez obecności opiekuna / Medical visits and treatment of unaccompanied minors
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Abstract:
According to Articles 32 and 34 of the Act on the doctor and dental surgeon professions and Article 17 of the Act on patient’s rights and the Patient
Ombudsman, the law authorizes a statutory representative (in the most of cases – parent/s) of a minor (anyone under the age of 18) to give informed consent
for most medical decisions on behalf of the child. However, in the case of minors at the age of 16 or older, the so-called cumulative consent (expressed
by the patients themselves and responsible for them adults) is obligatory. Exceptionally, it is possible to conduct treatment with the actual guardian’s permission
when it comes to uncomplicated surgeries. Generally, treatment activities undertaken in relation to a minor require the presence of a statutory
representative.
In general, the unaccompanied minor patient can be treated by medical staff provided that the guardian accepted a consent form prior to the treatment.
The doctor may then only provide such health services about which the statutory representative was previously properly informed and for which he consented.
However, all afore-mentioned solutions are applicable only to simple medical procedures, certainly not those that threaten patient’s life. In the case
of surgeries or high-risk procedures, their performance without the presence of an authorized guardian should be limited to a minimum.
Standardy Medyczne/Pediatria 2021 T. 18 508-513
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