This study attempts to analyse the degree of autonomy available to the patient in the exercise of his or her right to consent to a medical procedure. The considerations focus on the question of whether Polish law ensures due respect for the individual's right to self-determination in medical relations, while at the same time realising the postulate of increased protection of the patient's rights as a weaker and less well-informed party. The work has been structured in such a way as to first show the evolution of the understanding of the patient-doctor relationship and the moral and ethical foundations of the principle of respect for autonomy. This is followed by a discussion of some acts of international law proclaiming the primacy of the patient's right to self-determination, as well as constitutional principles of relevance to the issue at hand. This serves as a starting point for further reading, which presents issues related to the realisation of patient autonomy in the process of obtaining consent for a medical act, with particular emphasis on the obligation to duly inform the patient as a condition for the validity of the consent given by the patient. Finally, the issue of pro futuro statements as a particular form of manifestation of the patient's will is presented. The paper concludes with a brief summary, which includes concluding remarks and postulates de lege ferenda.
Limits of patient autonomy when giving consent to a medical act
15 December 2022