Should a doctor stop rendering medical services? Part II – Analysis of medico-legal conduct in cases of uncertainties regarding informed consent in minors. The Polish perspective

Justyna Zajdel 1, Radoslaw Zajdel 2
1 - Department of Medical Law, Chair of Humanities, Medical University, Łódź, Poland
2 - Department of Medical Informatics and Statistics, Faculty of Health Sciences, Medical University, Łódź, Poland
Ann Agric Environ Med
2014; 21 (2):
ICID: 1108610
Article type: Original article
introduction. The doctor’s decision whether to save the life of a minor who has attempted to commit suicide depends on the decision of the person who, under legal regulations, is responsible for the minor. In everyday medical practice doctors are often placed in difficult situations and often cannot make any decision. Such doubts arise when it is impossible to contact the person(s) responsible for the minor. The doctor encounters similar issues when the parents of a minor under 16 years of age express different opinions on the recommended procedures, and are against the doctor’s decision and do not want their child to be hospitalized.
materials and methods. The current legislation and doctrine was analyzed and an attempt was made to determine the way of conduct with regard to suicidal minors, and algorithmize the way of conduct towards such suicidal minors. The conduct was discussed on the two examples, based on real clinical cases.
results. With regard to minors in a clinical state demanding urgent procedures, who have of the decision made by the guardian, and regardless of the fact there is no contact with the guardian. If the status is stable, the physician’s modus operandi depends on various accompanying circumstances. However, he is still obliged to provide medical help.
discussion. A practical algorithm is presented and all the possible legal variations discussed and clarified.
DOI: 10.5604/1232-1966.1108610
PMID 24959795 - click here to show this article in PubMed

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