Konstrukcja prawna zgody na zabieg medyczny (transplantację komórek, tkanek i narządów) u małoletniego nieposiadającego przedstawiciela ustawowego
Legal construct of consent to a medical procedure (transplantation of cells, tissues and organs) in a minor who does not have a statutory representative

Summary/Abstract: This article describes the legal structure of the consent to surgery (transplantation of cells, tissues and organs) in a minor patient who doesn’t have a legal guardianship. In this article the author presents fundamental information on patient’s permission to surgery. Persons who take a decision on surgical intervention are either parents, legal representative or guardianship court. Therefore, we have different types of consent. There are: patient’s own consent, vicarious consent and parallel consent. The Family and Guardianship Code defines situations in which a guardianship court reaches a decision that the patient can have a surgery. In some cases the doctor can take a decision on surgery him/herself, who does not have a statutory representative without the consent of legal representative or guardianship court, for example when health and life is at risk. Then, a doctor must send a proposal and all information about patient to such court in order to get a consent. In this article author analyses legal solutions which are in force in Poland and suggests that the regulations should be more precise than those currently binding. However, during the treatment of a child everybody must remember about the fundamental rule – child’s welfare.

• Details
• Contents