Secretul medical al minorului şi exercitarea autorităţii părinteşti (articolul 487 din Codul civil): protecţie sau prejudiciu?
The minor’s medical secrecy and the exercise of parental authority (Article 487 of the Civil Code): protection or harm?

Summary/Abstract: Minors’ medical secrecy or confidentiality is a topic faced especially by health care professionals in current medical practice. The conflict raises between two different physician’s obligations toward the patient’s confidentiality and informed consent. The informed consent procedures imply always the involvement of minors’ parents/legal representatives. In particular cases when the minor claims, explicitly the right to confidentiality and the doctor consider that this is for guaranteeing the best interest of the minor the parents should not be informed about the minor condition. But, if the minor needs a specific treatment or intervention, the doctor cannot proceed without having the consent of parents. Therefore, how to prioritize and harmonize these two conflicting obligations? This paper illustrates some particular situations when the exercise of parental authority seems not to be the best choice for a minor medical condition.

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