Th e Limits of Autonomy of a Minor Patient and the Nature of Selected Medical Interventions
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th e aim of the study is to analyze domestic law and selected aspects within international legal regulation connected to the scope of autonomy of a minor patient depending on medical interventions. Th e starting point is the explanation of the most signifi cant elements of the principle of selfdetermination: the right to consent and the right to information. It should be pointed out that the scope of patient autonomy is related to typical medical interventions (physical examination, surgery), and it increases when the minor reaches the age of 16. In this context specifi c regulations are depicted, which provide diff erent solutions as lowering the age to consent (ex vivo transplantation), taking into account the minor’s actual ability to decide (medical experimentation), or the extended scope of information. To sum up, the principle of autonomy of a minor patient is guaranteed in proportion to the level of the child’s development (mainly based on the criterion of age) and under the supervision of a statutory representative or, in some cases, with the court’s involvement. Th is special regulation ensures the rights and interests of minors in an appropriate way.
Authors and Affiliations
Katarzyna Zoń
Keywords
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- EP ID EP337403
- DOI 10.15290/bsp.2017.22.02.03
- Views 73
- Downloads 0
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