The Surgeon and the Law on Patient’s Rights for Minors

Abstract

The law of August 22^nd, 2002 concerning patients’ rights (LPR) gave a new dimension to the relationship between the physician and the patient. According to this law, it is up to the physician to judge if a patient is able to exercise his own rights or if the patient needs assistance from a representative.

In the particular case of the patient being a minor, this often leads to a difficult situation because of the absence of validated criteria to evaluate the capacity of judgment of a minor patient. The triangular relationship physician-patient-parents might be hampered when the parents are involved in a divorce.

In daily practice, there are many questions concerning the physicians’ attitude towards the rights of the minor patient, particularly in cases of medical intervention.

By means of case histories, we describe several problematic situations: the right of free choice of the physician, the right of the minor to obtain informational privacy, obtaining consent for a medical intervention. In cases where there is a divorce, the situation is even more difficult.

Solutions are provided to act as effectively as possible in the minors’ interests and to offer support to the physician.

Note : According to article 388 of the Belgian Civil Code a minor is a person, either male or female, who has not attained the age of 18 years.

Additional information

Notes on contributors

M. Deneyer

Prof. dr. M. Deneyer Dienst Pediatrie universitair Kinderziekenhuis Brussel Laarbeeklaan 101 1090 [email protected]