A few months ago we offered you in Babies and more some entries in which we value the suitability of accompanying our children to medical tests or, rather, we commented that children have the right to be accompanied at all times by one of their parents or a legal guardian.
When I explained it to you, I told you that my wife and I had had a problem at the health center we went to with our children because when I went in (I) with my son Jon, who was 4 years old, to do a blood test, as soon as they crossed the door they told me that "dad will wait outside". I refused, not because of me, but mainly because of my son, because You have the right to be with me and I ended up receiving a refusal to puncture him.
At that time, after informing the professionals that they were acting against the rights of the hospitalized child, I filed a complaint. Days later I got as an answer that, in the absence of a protocol because it is not the case of a hospitalized child, the judgment of the professionals in charge of the situation prevails. Not happy with this answer, I explained the case of Catalan Ombudsman (the Ombudsman) and a few days ago I finally received the final resolution of the case, confirming that Children should be able to be accompanied to medical tests by their parents, although with some nuances.
In the absence of protocol ...
The Rights of the Hospitalized Child refer to children within a hospital setting, in an admission environment where they can suffer a lot from being in an unknown environment with people who, although they try to do their best, can get to do a lot of damage because many tests and many procedures are invasive.
In the event that the child is not hospitalized, the rights should remain valid, but they enter a more slippery terrain where many professionals are protected, as if the children, because they were not admitted, were not subject to suffering due to the absence of His parents.
He Department of Health of the Generalitat de Catalunya, before a case like my son Jon's, confirms that In the absence of a protocol, it is the professionals who, on a case-by-case basis, must decide to what extent the accompaniment of an adult to a minor is appropriate before a blood draw.
For this, they should take into account the child's age, status, attitude of parents, behavioral changes that occur when the family member is not present, etc. According to those responsible for the center, this is what was done in our case. I guess it goes without saying that is a lie, because the argument they used was "is that here we puncture all children without their parents." They say they have done so for many years and have never had any problems. Well, until they met Jon Bastida and his father, they didn't want to separate in the doorway by an absurd and disrespectful rule for children.
The Charter of rights and duties of citizens in relation to health and health care says ...
In 2002, the Department of Health and Social Security published the Charter of rights and duties of citizens in relation to health and health care, which includes the following paragraph:
Efforts will be made to facilitate the presence of relatives, or related persons, when patients prefer, except in cases where this presence is incompatible or inadvisable with the provision of treatment ... These considerations are especially important in the case of minors and all those who have diminished autonomy: elderly people, mentally ill, etc.
The European Charter for Hospitalized Children, meanwhile, says that a child has the right:
To be accompanied by their parents or the person who replaces them as long as possible during their hospital stay, without impeding the application of the necessary treatments for the child.
Let's say that in both cases there is no obligation, it is not an absolute right, but it is at the discretion of the professional, who is the one who decides if a family member can hinder him or not. Like that day, the professionals say they did the same (assess the case independently to make the decision not to let me pass) the Síndic de Greuges, the Ombudsman, has decided that there is no irregularity.
However, a liar is hunted before a lame
However, in the documents that the center must have sent as evidence, or in some communication, they must have come to say that it is something they always do, because the Síndic de Greuges has decided to communicate to Department of Health of the Generalitat that in this center the accompaniment to the minor is not being facilitated, but that it is being limited in all cases.
As I read in the resolution, it tells you the following:
To correct this situation, I suggest you give the appropriate orders for the Center to review the decision that children, in general, cannot be accompanied by a family member in blood draws, so that the usual criterion is to facilitate and , only when there are compelling reasons that justify that the presence may be incompatible or inadvisable, is it not authorized.
After this, the Department of Health of the Generalitat de Catalunya You should contact the center where we went with our children to communicate the position of the Ombudsman and act accordingly.
In conclusion
They have not given us the reason, because the center communicates that in our case they made an individual assessment of the case and they saw fit not to let me pass. However, they have seen that they are doing it with all parents (ergo with me too, without any prior assessment) and urge them to follow the dictates of the Charter of rights and duties of citizens in relation to health and health care, that come to say the same as the Rights of the hospitalized child: should favor the presence of parents accompanying the child.
Hopefully from now on this center will act that way. If so, tonight I will sleep knowing that I have achieved something for the benefit of children (something that in the center where I work has always been done). If not, at least I will have tried and have a very clear conscience.
