The last city lecture in Selb was an exciting event. Dr. Markus Finn, former lawyer and Professor of Law in Healthcare at Hof University of Applied Sciences since 2013, explored the question of who decides when, for example, a 15-year-old is vaccinated against Covid. What does the law say if parents disagree about their child’s Covid vaccination? Covid was just one example among many. The evening, which was attended by around twenty guests, dealt with the extent to which young people are capable of giving their own consent and to what extent parental consent is not necessarily required for an operation.
Only around 10% of Germans have private health insurance, while the vast majority have statutory health insurance. In terms of medical treatment, this means that young people can simply go to the doctor with a health insurance card from the age of 15, as the law provides for this from this age. The situation is different for privately insured young people: Here, a treatment contract between doctor and patient can generally only be concluded with parental consent.
“The relationship between doctor and patient has changed dramatically,” says Finn, adding that the former paternalistic approach no longer exists in practice. If a minor capable of giving consent wants to be prescribed a contraceptive (“pill”) and does not want her parents to know about it, a person with statutory health insurance can obtain this without parental consent. For privately insured persons, however, the situation is more difficult, as the contract must be concluded with the involvement of the parents.
“Medical interventions are bodily injuries in the legal sense”
“Medical students sometimes have to be made aware that a medical intervention is first and foremost bodily harm,” says Finn, but case law sees it that way, as did the Imperial Court of Justice. Therefore, it must be the aim of every doctor to provide patients with proper information in order to obtain effective consent from an informed patient. After all, if a patient has been inadequately informed, their consent is invalid and the doctor is committing unlawful bodily harm. However, the patient’s level of maturity also plays a special role in enabling them to make a decision. The criteria for this are, for example, whether the patient can follow the conversation, whether he or she really listens or whether he or she points out special circumstances to the doctor of his or her own accord. For minors, this means that they can only give their consent if they are able to understand the implications of the procedure.
“As a patient, request an informed consent discussion”
If there is no capacity to consent, the parents step in, but they must also take the child’s wishes into account. The Patient Improvement Act, which has been in force since 2013, is geared towards self-determination. For example, it also emphasizes the importance of not only informing parents, but also explaining an upcoming procedure to affected children. “Doctors should always keep good records in special cases,” advises Finn, who also gives regular lectures at the Charité in Berlin and other universities. And he advises patients: “It’s not enough just to be handed an information sheet, there has to be a medical consultation and you should demand it.”
Last city lecture on sustainability in Selb
Another event in the city lecture series will take place at the Spektrum cinema in Selb: On 26.11.2024 you will hear Prof. Dr.-Ing. Michael Nase on the topic “Sustainability in focus: products made from bioplastics or recycled plastics?” Please register via Eventbrite.
