Il consenso informato nel paziente minorenne: disposizioni di legge, riflessioni e nostra esperienza

December 2009
Urologia;2009 Supplement, Vol. 76 Issue S-12, pS47
Academic Journal
In formed consent acquisition is fundamental in clinical practice, in particular when chirurgical procedures involved a minor patient. In April 2006 Aress (Agenzia Regionale per i Servizi Sanitari) published the directives about consent management. MATERIALS AND METHODS: According to these directives, we use a different informed consent for all invasive procedures. In minor patient, we consider procedures requiring explicit or implicit consent. We examine consent in different situations: a) both parents present and agreed, b) absence of one parent because of distance or obstacle or inability, c) disagreement between parents, d) Minor sent to community or to penal institution, e) Minor that lives on the road with parents that cannot be found or foreign minor not accompanied, f) Minor with tutor. We analyze the Art. 12 of ONU Convention about Children Rights about minor patients will in case of medical treatments. Some judges gave decisive value to the will of minor patients with tumors that refused all therapies. Furthermore we show our experience in case of negated consent. CONCLUSIONS: It's important that physicians consider minor patient consent not only an administrative duty and verify familiar conditions. Amedeo San tosuosso, judge in Milan since 1978 (one of the founders of Bioethic Consultation and author of "formation project of judge in bioethics" approved by Superior Council of the Bench in November 1998) said: "What happens to children represents clearly the operative paradigm of right approach even to adults because oblige physicians to use the in formed consensus like an internal tool of therapeutic relationship and not like a necessity to prevent legal problems".


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