Providing information to representatives of minors and persons lacking legal capacity
Minors under 12 years
Doctors must provide parents/guardians with medical information about the child’s treatment. Parents have the right to view and copy the medical records. The child should also receive age-appropriate information about the care.
Exception: Doctors may withhold information in special circumstances if disclosure would not constitute good care.
Minors aged 12-16
Doctors should only provide guardians with information “insofar as this is relevant” to consent for treatment. For additional information, the child’s consent is required.
Exception: Doctors may refuse disclosure on the basis of standards of good care.
Minors aged 16-17
The doctor may not provide medical information unless the minor has consented. Sixteen- and seventeen-year-olds are treated equally to adults with regard to medical decisions and patient rights.
Minors lacking legal capacity (0-18)
Guardians receive all treatment information and exercise patient rights on behalf of the child. The child should be informed in understandable terms about planned procedures when possible.
Adults lacking legal capacity
Doctors may provide relevant medical information to recognised representatives (curator, authorised representative, spouse, or family members in the established order).
Information rights after divorce
- Both parents usually retain parental authority after divorce; both must consent to treatment of children under 16.
- In the case of sole custody, one parent is designated as representative.
- The non-custodial parent receives only essential factual information about the child’s care.
- No access to the medical records for the non-custodial parent.