The Minor’s Independence of Medical Decision-Making: De lege ferenda Comments in Connection with the Draft Act Amending the Act on Doctors and Dentists Professions (Sejm Paper No. 1432)
The Minor’s Independence of Medical Decision-Making: De lege ferenda Comments in Connection with the Draft Act Amending the Act on Doctors and Dentists Professions (Sejm Paper No. 1432)

Summary/Abstract: The article analyzes the scope of the minor’s decision-making independence within medical procedures. As the child, who is the patient, does not have actual and formal possibilities to make independent decisions and give consent, the legal system has developed instruments for the protection of the minor’s health interest, and the implementation of health-related well-being was entrusted to parents (statutory representatives). The provisions of the applicable law provide for the existence of age limits for making decisions within the patient’s health situation. This fact is criticized. Proposals for changes and lowering the age of the minor’s decision-making independence are presented. The author analyzes the assumptions of the draft amendments to the Act on doctors and dentists professions and addresses the problem of a minor’s independence in gynecological, dermatological, and urological procedures. Considerations are carried out both under Polish medical law and family law, and the author accuses the authors of the project of lack of knowledge of system solutions and proposes de lege ferenda postulates.

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