Eksperyment medyczny w świetle Kodeksu etyki lekarskiej. Zagadnienia problemowe
Medical experiment in the light of the Code of Medical Ethics. Problematic issues

Summary/Abstract: This article contains the complex analysis of the medical experiment on human being in the light of the Code of Medical Ethics. The analysis takes into account the legal character of the Code of Medical Ethics and its place in polish law system. Therefore the interpretation of ethical rules is based on comparison their content to the content of provisions of the Medical Profession Act from 1996 and the Convention on Human Rights and Biomedicine. First of all, the meaning of therapeutic and scientific experiments and their differences was explained. The problem of determination of demarcation line between therapeutic experiment and traditional medical treatment was also discussed. In the next part of the article the conditions of legality of medical experiment were analyzed. The general legal and medical terms of conducting medical experiments, e.g. the required proportion of risk and benefits were included. Attention was paid to the issue of patient’s consent, his right to the information and the role which an independent bioethical comittee plays. Particular interest, however, the author has raised subjective limitations in participating in scientific research and biomedical experiments, especially the principles of scientific research to human embryonic. The article contains many de lege lata comments addressed to the doctor’s liability authorities. In addition, due to occurring inconsistency, coming into force the act of infertility treatment from the 25 of June 2015 and probability of the ratification of the Convention on Human Rights and Biomedicine, there were de lege ferenda postulates addressed to The National Convention of the Doctors formulated.

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