The way of providing medical information

One of the most fundamental rights of a patient is his/her entitlement to obtain medical information, which provides the opportunity for an ill person to make conscious decisions concerning his/her therapy. This problem is covered in Polish law by many regulations, which are supplemented by ethical and deontological standards. However, in order to enable the patient to decide about the proper treatment, it is absolutely necessary for him or her to obtain complete and reliable information in a fully comprehensible way. The article presents theoretical models of providing information featuring the formula recommended in case law. It also explains how the concept of ‘accessible information’ is understood in medical law, taking into account in particular the adaptation of the terminology used to the individual perceptual abilities of the patient. The necessity to avoid professional naming and medical abbreviations that may be unclear to the patient is underlined. It is also explained that it is acceptable to replace personal conversation between the doctor and the patient with educational, informative materials, especially those posted on the Internet. Subsequently, the article describes the rules referring to the weight of evidence which relies on parties involved in the proceedings in terms of proving that the obligation to provide information has been fulfilled. Finally, the article presents specific problems connected with providing information to patients under palliative care. Theoretical issues are complemented by presentations of specific court cases, with description of facts and decisions that were made in these matters.