Situation of the Incapacitated in Granting Consent to Medical Treatment. Selected Issues
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
A basic right of each patient is the right to grant consent to medical treatment. A doctor cannot act without the knowledge and will of a patient. Contrary behaviour is treated as illegal. A possibility of using the right of self-determination becomes complicated in the situation of incapacitated patients. Th e article presents the situation of the incapacitated in the process of granting consent to medical treatment. Particular attention has been paid to the situation of a partially incapacitated patient. Th e presented refl ections lead us to conclude that under Polish legislation, the incapacitated patient is not completely deprived of the possibility of expressing his will. It is also important that the right of selfdetermination of an incapacitated patient should be respected by the physician throughout the entire treatment. Th e whole discussion aims at presenting the scope of autonomy of incapacitated patients in the context of substitute and double consent.
Authors and Affiliations
Agnieszka Wojcieszak, Katarzyna Arciszewska
Keywords
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- EP ID EP337434
- DOI 10.15290/bsp.2017.22.02.07
- Views 55
- Downloads 0
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