In the article IV of the Law of Patients’ Right, a patient has the right to be represented.
Two scenarios can arise:
- underage patients
- of age patients who, according to the healthcare practitioner, are de facto not capable to express their will (e.g. a person who is in a coma).
In the specific context of electronic sharing of health data, this legal liability relationship must be recorded manually by completing the pdf form (FR or NL) and returning it to the administration of Abrumet.
The legal guardian has the same rights as the patient. He can access, via the secure portal of the Brussels Health Network, the documents of the patient of which he is the legal representative who are shared on the health networks. It has been decided that the legal guardian of a child under the age of 16 can not read the contents of a medical document electronically. He will always be able to exercise this right and consult the contents of the documents in paper format by making the request to the care provider.
This article published on the FPS public health explains very well this notion of legal representative.