OBTAINING INFORMED CONSENT TO MEDICAL PROCEDURES

Abstract

Informed patient consent to a medical procedure is a prerequisite for the treatment process to be legal. Actions taken for the good of a person are regulated by the Constitution of the Republic of Poland, international documents, and statutory law. The provisions of the Act on the Professions of Physician and Dentist or the Act on the Professions of Nurse and Midwife are significant here as well. Moreover, the issues of respect for the patient are tackled by the Act on the Patient’s Rights and the Patient’s Rights Ombudsman. As prescribed in the Medical Code of Ethics, the physician’s mission is to protect human life and health, prevent diseases, treat the ill. It is a legal and deontological tool allowing selection of a medical procedure for the patient. Both law and medicine are predominated by the view that any action performed by the physician without the patient’s consent is unlawful even if performed for a therapeutic purpose. The border of these two scientific fields is where a clash occurs between legally protected interests: life and health on the one hand, and the right to autonomy on the other. The provisions of Art. 192 of the Polish Penal Code protect the patient’s right to self-determination in the scope of agreement to or rejection of therapeutic procedures, also in situations where their life or health are threatened. The paper aims to analyze possible issues related to consents to treatment of adults capable of expressing informed consents.