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Patient capacity to consent to surgery vs. legal capacity

15 December 2022

The article is devoted to an analysis of the relationship between the institution of capacity to perform legal acts established by the provisions of the Civil Code and the capacity to give consent by the patient, the construction of which is provided for in the Act on Patient's Rights and the Ombudsman for Patient's Rights, as well as the Act on the Profession of Physician and Dentist. The paper aims to provide a detailed assessment of the status of a patient with full capacity to perform legal acts, deprived of this capacity, as well as to present the discrepancies between the norms regulating the subjective prerequisites for effective performance of legal acts under civil law and the provisions conditioning the principles of granting consent.

https://czasopisma.bg.ug.edu.pl/index.php/Progress/article/view/4627/4012