The right to self-determination, including the decision on treatment, is affirmed in modern societies. Therefore, the fundamental condition of legal procedures is informed consent of a patient or an authorised person. However, to make the consent legally effective, some conditions have to be met; of these, the provision of comprehensive medical information is of the utmost importance. Thus, a patient is entitled to necessary information provided by a physician. The correlate of this right is the obligation to disclose information which must be fulfilled by a medical practitioner. The aim of this review is to examine this obligation in terms of determining the range of subjects authorised to provide information, the scope of subject information or a set of data, and the manner and time in which it should be given. Moreover, this article discusses regulations which permit limitations of information disclosure, i.e. the patient's entitlement to renounce the right to information, and therapeutic privilege. The disquisition regards achievements of legal doctrine and judicature, from the angle of which all the legal solutions and doubts arising are presented.
Nowadays, the subjectivity of each person and respect for their rights, especially the right to privacy and personal dignity, are strongly emphasized. The right to intimacy is derived from the former. This right is guaranteed by numerous laws, including the Constitution of the Republic of Poland. The protection of the right to intimacy is particularly important in the case of people who, due to their capacity or age, cannot effectively protect themselves against its violation. This problem is exacerbated in case of patients who, while in medical facilities, must submit to their regime and are hence seriously exposed to the possibility of encroachment on their intimacy. The protection of minor patients is increased in this respect. This paper discusses the sources of the right to intimacy, both domestic and international, and indicates the areas where it may be violated. The violations of the right to intimacy may take psychological and physical forms. In the former aspect, the encroachment on intimacy may include disclosure of sensitive data protected by medical confidentiality. This paper explains the subject matter of medical confidentiality and what exceptions apply to minors. In turn, the encroachment on intimacy in the physical form includes, among others, the involvement of bystanders during providing health services. This paper presents regulations permitting such assistance of medical workers, relatives, and other persons, as well as students.
The laboratory diagnostician’s profession is classified as the so-called professions of public trust. One of their features is limiting access to the profession through, among others, determining specific qualifications, education and skills, verified by appropriate bodies in the legal procedure, and awarded with so-called right to practice. The purpose of this procedure is allowing professional activities to be carried out only by persons who will guarantee their necessary quality. This requirement is particularly important in the case of medical employees, whose activities determine the life and health of patients. The Polish legislator secured the implementation of these requirements by means of the penal code. In art. 71 of the Act on laboratory diagnostics, a prohibited act has been described, which included performing laboratory diagnostic activities by a person who does not possess the authority do so. This is called a halved act, i.e. depending on the degree of social harm, may be considered an offense (section 1) or felony (section 2). This article discusses the terms of criminal liability for this act, including the circumstances qualifying it as a felony, in the form of actions to obtain a financial advantage or misleading as to the possession of authority. It explains who could be the perpetrator of this act and why the protection of criminal law was restricted only to activities performed in the laboratory. Penalties and criminal measures that can be imposed for this act, as well as the procedure for its prosecution, were also indicated. Deficiencies of this regulation and proposals for its amendment are also presented. The argument has been enriched by judicial decisions illustrating the presented theses.
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