Protecting the Interests of a Minor in Medical Law

Abstract

The purpose of this article is to discuss issues related to the protection of the interests of a minor in the procedure of medical law. Using a dogmatic-legal research method, the case law of the Supreme Court, the provisions of the Family and Guardianship Code and the provisions of the Act of November 6, 2008, on Patients’ Rights and the Ombudsman for Patients’ Rights, were analysed. According to the jurisprudential line, “one of the manifestations of an individual’s autonomy and freedom of choice is the right to decide for oneself, including the choice of treatment method. A reflection of this right is the institution of consent to the performance of a medical procedure, which is one of the prerequisites for the legality of therapeutic activities”. A person’s health and life are personal goods under the special protection of civil law. Equally protected is the personal good of autonomy of decision-making, which is the basis for the “disposal” of one’s own body and, consequently, health and life. The situation of minor patients, who are deprived of the right to decide on the health services provided to them, as well as minors, who have no influence on the decision on the choice of treatment, should also be considered. How are their interests protected? What if the minor and his parents have different opinions about the treatment, or if they do not consent to his treatment at all? How far can the legislature interfere in the exercise of parental authority and how is the minor patient protected? Can the guardianship court make decisions concerning life or health? The issues raised are extremely interesting not only legally, but also ethically and socially, for as a rule it is the parent who decides what is good for their child. It happens, however, that his decisions may contradict both the protected good and the principles of social coexistence themselves harm the interests of the minor.