Considerations concerning Law 41/2002: particularities in pediatrics

• Published in: Acta pediátrica española Vol. 67; no. 4; p. 155
• Main Authors: Gutiérrez Abad, C, Centeno Malfaz, F, Muro Tudelilla, J M, Sánchez Gutiérrez, R, Crespo Valderrábano, L, González Martín, L
• Format: Journal Article
• Language: English
• Published: Madrid Ediciones Mayo 01.04.2009
• Subjects: Informed consent; Patients rights; Pediatrics; Physician patient relationships; Regulation; Spain
• ISSN: 0001-6640; 2014-2986

There are several standards and laws that attempt to establish basic regulations to control the relationship between the doctor and the patient and the rights and obligations of each during the process. Therefore, many organizations (such as the United Nations Educational, Scientific and Cultural Organization [UNESCO], the World Health Organization [WHO], the European Union. etc) have issued statements or legal standards regarding this issue. All these precepts have been summarized in law 41/2002, promulgated by the Spanish Parliament. Likewise, a number of autonomous regions in our country (Catalonia, Galicia, Navarre, Castile-Len, etc.) now regulate these aspects by law, with special emphasis on clinical information and informed consent. The doctor-patient relationship in pediatric cases is different, and other individuals are involved in it (mainly parents or legal tutors). Law 41/2002 establishes special characteristics for this doctor-pediatric patient relationship and specifies the legal limits relative to the relationship among the health worker, the child and his or her family or tutors. However the debate nowadays goes beyond this. The new concept of the mature minor comes into play. In this concept, the limit for establishing the age of majority regarding decisions concerning his or her own self becomes blurrier. Thus, the decisions to be made over the health of the child are standardized: when the physician considers the patient mature enough, the child himself will be allowed to make decisions, or at least suggest what he considers better for himself/herself. [PUBLICATION ABSTRACT]