The publication contains a comprehensive analysis of the issue of the patient's consent to the performance of a medical procedure and criminal liability for its violation. It presents numerous issues that arise in the area of patient's consent, together with disputed issues, including, inter alia:- the subject of protection of the offence of performing a procedure without patient's consent,- the prerequisites for the legality of a therapeutic procedure,- patient's consent in special cases (e.g. where the patient is unconscious or in a terminal state, is to be subjected to transplantation, a medical experiment or a clinical trial),- situations where the legislation provides for an obligation to treat in the absence of the patient's consent,- circumstances excluding or diminishing the culpability of the perpetrator of performing a therapeutic procedure without the patient's consent and the issue of state of necessity.
Criminal liability for performing a medical procedure without the patient's consent
14 December 2022