Human dignity is the highest humanistic value, which is given fundamental importance in Polish law. It has been elevated to constitutional status and is protected by numerous provisions, both civil and criminal. Respect for dignity is of particular importance in the case of sick persons. Indeed, their exposure to health services, often in closed treatment settings, may lead to a violation of this value. Moreover, because of their condition, such patients are often unable to protect themselves sufficiently against an infringement of their dignity. For this reason, a great deal of attention is paid to this issue in medical law. Respect for dignity consists in treating the patient as an equal human being. The article presents ways of proper treatment of the patient so as not to violate his/her dignity both in the intellectual layer and by physical actions. Particular attention was paid to the pattern of behaviour towards terminally ill and dying patients. This is because their difficult situation gives rise to exceptional dignity needs. Issues of respect for human remains are also discussed separately. In the last part of the article, the legal consequences that may occur in the event of a violation of the right to intimacy and respect for dignity are presented. Such conduct may justify civil claims, mainly for violation of personal rights. Some of the behaviours violating the discussed goods may exhaust the elements of criminal offences, mainly against honour and bodily integrity, and lead to criminal liability for disclosure of medical secrets. In addition, violations of the values presented may be treated as professional misconduct and justify liability before a medical court.
Patient's right to intimacy and dignity. Part II
15 December 2022