Real respect for the rights of children under the age of 16 in health matters, in line with research-proven developing autonomy and in accordance with the difficulty of the decisions to be made, requires careful consideration and application of the rules on emergency medical assistance, while listening carefully to the child reporting a health problem or symptoms that concern them. The main errors in assessment that need to be corrected are: downplaying the child's complaints, sending them back for parental assistance, and relying entirely on their opinion. A flexible interpretation of the provisions for extraordinary circumstances allows us to fill the decision-making gap between intentional parental neglect contrary to the child's legitimate health needs and the legal incapacity of a young patient who is, in fact, mature enough to cope with the task. It only requires placing it in the context of the constitutional right to health protection, the mechanism for the actual protection of personal rights, the recognition of parental neglect as an abuse of the right to substitute decision-making and parental authority, and the bioethical concept of the role of actual consent by a patient with the capacity for autonomy. A parent's failure to support a child in obvious need of healthcare constitutes an extraordinary circumstance requiring intervention. The proposed interpretation goes against the grain of the existing doctrinal interpretation.