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Revista de Bioética y Derecho

On-line version ISSN 1886-5887

Abstract

BLASCO IGUAL, María Clara. Informed consent of the minor in health. Rev. Bioética y Derecho [online]. 2015, n.35, pp.32-42. ISSN 1886-5887.  https://dx.doi.org/10.1344/rbd2015.35.14279.

The informed consent of the minor is regulated by the legislation relating to the autonomy of the will and choice of the patient, which includes the figure of the mature minor. Having said that, if the legislation is taken into consideration in a literal way, the following question has to be considered: Whose is the responsibility to take the decision? To answer this question, and based on the current legislation, this paper presents the legal framework of the informed consent by differentiating two possible situations. Firstly, the capacity of the minor to make his own decision. Secondly, the actual competence of his legal representatives. In such case, the actuation procedure may be established.

Keywords : autonomy of the patient; informed consent; maturity minor; legal representation.

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