The child patient and consent to treatment: legal overview

Abstract

The giving of consent by the patient before medical treatment is a central tenet of medical law. Although it may be fairly clear when an adult patient has given consent, the situation can be less clear, and more complex, when a child patient is involved. This article seeks to explore the legal issues and concepts that arise when treating a minor, and to show how the courts and legal process may become involved.

Keeping Children Still in Medical Imaging Examinations- Immobilisation or Restraint: A Literature Review

“…Consent must be sought before commencing any imaging examination to meet legal requirements [26]. However, consent for touching or holding a paediatric patient is rarely considered and often implied [19].…”

Assessment of Knowledge and Attitudes of Physicians Serving Pediatric Patients on Children›s Rights and Informed Consent in Children

“…Although there is a sufficient accumulation of knowledge in the theory and clinical practice in the context of informed consent for adult patients, there are not sufficient information regarding the informed consent process of pediatric patients. In addition to healthcare personnel and child patient, parents or legal representative stakeholders are present in the informed consent of the pediatric patients (6). Nevertheless, taking solely the consent of the parents or legal representatives during the informed consent process conflicts with the principle concerning the freedom of expression of children, which is pointed out by the children's rights conventions (7).…”