Prawo pacjenta do korzystania ze świadczeń zdrowotnych a odmowa udzielenia świadczenia przez lekarza w świetle obowiązujących przepisów
Patient’s Right to Health Services and Cases of Refusal of Health Services by the Doctor
Author(s): Monika IżewskaSubject(s): Health and medicine and law, Welfare services
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: patient’s rights; health service; doctor’s right to refuse treatment; doctor’s refusal to provide health service; conscience clause;
Summary/Abstract: This article discusses the patient’s right to receive health services in the context of cases where a doctor refuses to provide health services. At the outset, the patient’s right to receive health services, which is a fundamental right to which every patient is entitled, was presented. This is followed by a presentation of the duty imposed on doctors to provide assistance in any sudden and unexpected situation where a delay in providing assistance could contribute to the loss of life or the occurrence of serious damage to the patient’s health. If such a situation arises, the doctor may not refuse to assist the patient. The duty of doctors to provide assistance in emergencies corresponds to the right granted to every patient to receive immediate medical treatment in a situation where health or life is at risk. However, in addition to these cases, a doctor has the right to refuse to treat a patient and to contract to provide a patient with a health service that is not in accordance with his or her conscience. For this reason, the article discusses the prerequisites for the admissibility of a doctor’s exercise of his or her rights in the context of the need to simultaneously ensure the widest possible protection of patients’ rights.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 70/2023
- Issue No: 2
- Page Range: 57-67
- Page Count: 11
- Language: Polish