Principles of physician/patient relation. De lege lata and de lege ferenda remarks, against
the background of the Code of Medical Ethics provisions Cover Image

Zasady postępowania lekarza w stosunku do pacjenta. Uwagi de lege lata i de lege ferenda na tle przepisów Kodeksu etyki lekarskiej
Principles of physician/patient relation. De lege lata and de lege ferenda remarks, against the background of the Code of Medical Ethics provisions

Author(s): Joanna Haberko
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Naczelna Izba Lekarska
Keywords: Code of Medical Ethics

Summary/Abstract: The article discusses principles of the physician’s conduct towards his/her patient while commentingon the Code of Medical Ethics provisions. The principle of observance of patient’s autonomyand that of the protection of patient’s personal goods and chattels clearly dominate therein. Eachpatient is entitled to a certain extent of autonomy. The issue is strictly associated with humanbeing’s personal goods, and implies the duty of its observance by persons rendering medical services,particularly if bodily integrity (bodily inviolability), along with the just mentioned autonomy of the will, are taken into account. The author analyses these principles in detail, stating that, ina number of instances, the commented regulation does not meet specific assumptions concerningthe precision of legal text. Still, despite the latter reservation, the author finds that the Code, moreoften than not, closes a certain gap which stems from an inadvertent omission on the part of thelegislator on the one hand, and particularises norms of the common law on the other.

  • Issue Year: 8/2016
  • Issue No: 8
  • Page Range: 43-56
  • Page Count: 14
  • Language: Polish