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Patient capacity to consent to surgery vs. legal capacity

This article is devoted to an analysis of the relationship between the institution of capacity established by the Civil Code and the capacity of the patient to give consent, the construction of which is provided for in the Act on Patients' Rights and Ombudsman...

Therapeutic responsibility of professional patient advocates

What do we associate the law with? Most people probably associate the law with the courtroom, the profession of lawyer or judge. Rarely, however, do scholars' discussions draw attention to the fact that law can also be an extremely important aspect of the inner experience. Sociology ...

Patients' rights: reflections towards change

At the beginning of December, the national media notified the public of the dismissal of the Patient Ombudsman by the Prime Minister. The news came as no surprise to some experts in the field of patient rights. After all, the Ombudsman had been in office for more than ...

Rights of patients with mental disorders

Legislation is present today in virtually every area of life, including medicine. Legislation concerning the care of patients with mental disorders who, because of a medical condition or...

ISSUES OF PATIENT'S CONSENT TO MEDICAL TREATMENT IN POLISH LEGISLATION

One of the fundamental human rights is the right to self-determination, which in medical law is expressed through the patient's consent to treatment. Therefore, the Polish legislator wants to guarantee the realisation of this right in the best possible way and has issued a number of...

Patient's right to pain treatment

This article presents the new entitlement of patients in Poland to pain treatment, effective from May 2017, and analyses the legal regulations related to access to pain treatment in inpatient, outpatient and home care. The basis of the considerations...

Patients' rights from a functional reflection perspective

In 1991, the Law on Health Care Institutions was passed in Poland. In the cited Act, the phrase 'patient rights' was used for the first time. Currently, there are several other laws in our country that directly address this issue. In recent years, the creation of...

Duty to inform the patient vis-à-vis his right to self-determination

The right to self-determination stems directly from the dignity of the human being. The right to privacy, respect for the free will of the individual, the right to decide on one's private life must be respected when a citizen exercises his or her rights. The right to self-determination finds...