ПРАВО ПАЦИЈЕНТА ДА ПРИСТАНЕ НА МЕДИЦИНСКУ МЕРУ ИЛИ ДА ЈЕ ОДБИЈЕ
THE RIGHT OF THE PATIENT TO ACCEPT OR REFUSE MEDICAL TREATMENT

Summary/Abstract: Voluntary consent of the patient to the proposed medical treatment represents a necessary precondition and ethical justification for its application. However, there is no voluntary consent without the possibility to refuse medical treatment. The right to refuse medical treatment is receiving growing attention since it means that there is less chance for a cure, in spite of the increased medical efficiency. In this paper, the author pays particular attention to the issue of mental capacity as the constituent part of the patient’s autonomy and a general condition for valid consent or refusal of the medical treatment. In accordance with the Oviedo Convention, Law on Patients’ Rights of the Republic of Serbia restricts this subjective and personal right only in cases when it is contrary to the general interests. However, in this paper, the author raises the question whether the circumstances in which mental capacity is determined, along with the indeterminacy of some legal provisions, can additionally restrict this right.

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