Abstract
The basic precondition for the provision of health care, which is currently emphasized, is the patient's consent to the recommended health care. The first mentions that the patient was instructed in the Czech Republic and on the basis of the instruction gives consent to the recommended procedure can be documented as early as 1913.
The patient gives valid consent after the instruction about the provided care. For persons deprived of their rights, their guardian, appointed by the court, gives consent.
For children, their legal guardians, which are parents, give their consent. If one of the parents agrees with the enforcement and the other does not agree with the enforcement, then in practice these cases are resolved in such a way that in the case of suspension, when the parents cannot agree, it is appropriate to apply to the court to resolve the parents' dispute.
The attending physician decides on urgent procedures. On behalf of an adult, his or her family member cannot give consent to the procedure, or rather he cannot sign informed consent on behalf of the patient.
The legal regulation also stipulates when it is possible to perform procedures without the patient's consent and, if necessary according to the nature of the disease, to take the patient into institutional care. We dare to show that the problem of consent is not always simple in practice and that life and practice bring things and problems unusual.