Important decision
The Civil and Commercial Chamber of the Supreme Court has approved for publication a legal sentence on the stay of a parent with a hospitalized minor child. The judgment, Case No. 25 Cdo 2087/2024, concerns the interpretation of the Health Services Act and the conditions under which a hospital may restrict a parent’s stay.
The Supreme Court dealt with a dispute between parents and a hospital over the mother’s failure to stay overnight in the intensive care and resuscitation unit with her hospitalized child. The Court emphasized thata parent’s right to stay with a minor patient is an important part of protecting family life and the care of the child. At the same time, it is not an unlimited right. The Health Services Act expressly provides that the stay of the accompanying person depends, inter alia, on the equipment of the health facility, non-interference with the provision of health services and compliance with other legal provisions.
According to the Supreme Court, in such cases it is necessary to balance the parent’s right to family life and care for the child with the right to protect the health of the child, other patients and medical staff. In particular, restrictions may be permissible where a particular ward is not equipped for the stay of the accompanying person and where the parent’s stay would compromise safe operations, hygiene or fire safety requirements or the proper delivery of care. However, the hospital must base its decision on the particular circumstances of the case, not on a blanket refusal to allow parents to be present.
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