Информирано съгласие при лечението на малолетни и непълнолетни, чиито родители нямат възможност лично да ги заведат до лечебното заведение
Informed Consent in the Treatment of Minors Whose Parents Are Not Able to Personally Take Them to the Hospital

Author(s): Krasimir Peychinov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: Informed consent; parent; third person; child; an emergency; medical centre
Summary/Abstract: According to Art. 87, Para 1 of the Health Act, informed consent for treatment is provided personally to each adult. There are exceptions in cases where a person is under ban, when he/she is unable to express informed consent (Art. 162 of the Health Act) or when his or her physical or mental condition prevents him/her from expressing his/her consent (Art. 89, Para 2, item 1 of the Health Act).The law provides for cases where other persons may express informed consent instead of the patient: the parent instead of the minor child; the guardian instead of the person under full guardianship; the person who has been assigned the care of a child accommodated, by court order, outside the family following a positive opinion of the Social Assistance Directorate; Social Assistance Directorate in cases where the child is accommodated outside the family by administrative order; the persons determined in accordance with the procedure of Art. 162, Para 3 of the Health Act instead of a patient with a mental disorder and an established incapacity to express informed consent. When analysing the legislation, it is found that there are cases where the legislator has not indicated who is the holder of the right to express informed consent on behalf of the minor patient, and it is exactly these cases that will be addressed in this analysis.

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