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LEGAL BASIS FOR THE IMPLEMENTATION OF THE RIGHTS OF THE MINOR PATIENT BY HEALTHCARE PROVIDERS

14 December 2022

The provisions of generally applicable law recognise the right of a minor patient over 16 years of age to make decisions concerning the treatment process. Current legal solutions concerning the rights of a minor patient are characterised by inconsistency, in particular with regard to determining the age limit from which a minor patient may participate in the treatment process. Health care entities providing health care services are particularly responsible for protecting the rights of the patient, including a minor patient. According to the Act on Patient's Rights and Patient's Ombudsman, patient's rights may not be subject to limitations, with the exception of situations depending on the decision of the head of the entity providing health services (or a doctor authorised by him/her) covering cases of epidemic threat or for reasons of patients' health safety, and in the case of the right to personal, telephone or correspondence contact with other persons, also due to the organisational capabilities of the entity.

https://dspace.uni.lodz.pl/bitstream/handle/11089/25850/odpowiedzialnosc-terapeutyczna- professional-patient-rights-defenders.pdf?sequence=1&isAllowed=y