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- If the patient is a minor a substitute consent is required. This subsitute consent may be given by his legal representative, guardian-in-fact or guardianship court. When the patient is 16 years old, a double consent is needed. When the patient who has reached the age of 16 refuses to accept medical acts, the consent of the guardianship court is required, regardless of the consent of his legal representative.
- If a minor patient has no legal representative or guardian-in-fact and is not communicating with these possible persons, the physician may start further medical interventions only after the guardianship court has given its consent, except in case of necessity.
- If a legal representative of a minor patient does not permit the physician to perform an operation or to apply a treatment method or diagnostic tests which create an aggravated risk for the patient, but which are necessary to remove a risk that endangers the patient's life or exposes him to possible grave bodily injury or other dangerous health disturbance, then the physician may perform such interventions with the consent of the guardianship court.
- If the parents (guardians) of a child refuse their consent for a treatment whose failure to perform jeopardizes the health or even life of the child, the physician cannot limit himself to discontinue the treatment. In the event that every moment of delay threatens the child who is in the hospital, by worsening his health or even directly endangering his life, and the parents refuse their consent for the operation to be performed, the physician may decide upon it. If the danger posed by the non-provision of treatment however, is not direct and if delay does not worsen the child's health condition, the physician will have to address the court to consider the case and issue an order.
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