eISSN: 2081-2833
ISSN: 2081-0016
Medycyna Paliatywna/Palliative Medicine
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2/2014
vol. 6
 
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abstract:
Original paper

Doctor’s restrictions on obligation of information for the patients

Rafał Kubiak

Medycyna Paliatywna 2014; 6(2): 101–110
Online publish date: 2014/08/06
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One of more fundamental patient’s rights is his or her right to know everything about his or her health and planned surgeries or medical treatments. On the one hand this knowledge is crucial for a proper diagnosis and therapeutic process, on the other hand it serves to make right decision about a cure. However, patient can accept or oppose to the cure. Legal system and ethic norms impose sufficient information on doctors and other medical staff. Failure to obtain it causes patient’s agreement or opposition invalid and it leads to the situation that eventual medical treatment is against the law therefore doctors can pay their legal, civil and occupational consequences. Legal code takes into consideration the possibility of restrictions on obligation of information for the patients. This could have happened when proper interpretation of rules of law stipulating the requisite for obligation of information, is put. Furthermore, medical staff is not obliged to give information when patient is not willing to obtain it, or it can reduce some a health issuses of it’s own accord. The latter relates to the cases where so called ‚therapeutic privilege’ is met. The dissertation discusses the conditions for the use of legal structures and their limitation that arise when applied to medical law and common law.
keywords:

doctor, information, patient rights, privilege therapeutic

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