Withdrawing and withholding futile therapy – de lege lata and de lege ferenda

The paper presents the Polish medical laws concerning the legality of withdrawing or withholding futile therapy and their interpretation by Polish lawyers. The Polish medical law is unclear on this point. But Polish lawyers even if they part from different theories have common conclusion that withdrawing and withholding futile therapy of patient in terminal state is legal and it should be based only on medical assessment. The will of patient or his/her family to continue the therapy is without importance. The paper shows also the inefficiency of the appeal procedure against the physician’s decision, especially in context of withdrawing or withholding futile therapy decision. It points out the necessity to reform the law. In the second part the paper presents the law proposition prepared by a group of physicians and lawyers lead by dr hab. Tomasz Dangel. It focuses on two aspects of this project: 1. the legal definitions of terminal state and futile therapy, 2. the procedure of making decisions on withdrawing or withholding futile therapy and the appeal against this decision. The proposed bill should clarify the existing law and assure its efficiency in practice, it introduces none behavior that will be nowadays prohibited. Its main aim is to serve for the benefit of patient and the security of physician in respect for human rights of both parties.