Published: 2023-10-05

The patient’s right to consent to a medical action: conditions for legal effectiveness in the context of contemporary challenges

Jolanta Pacian

Abstract

The patient’s consent to a medical action is one of the conditions which must be met to make a medical intervention lawful. The aim of this article is to present the patient’s right to consent to a medical action and the conditions for its legal effectiveness in the context of contemporary challenges. In order for an action to be lawfully performed, several conditions must be met to make it legally effective. These conditions are as follows: firstly, the consent must be given by an authorized person; secondly, before he issues his consent he must be given comprehensive, clear and well-grounded information; thirdly, his consent must be voluntary, that is, it must be the result of his independent decision; fourthly, the action which is the subject of his consent must not contravene the law or the principles of community life. Then there is the question of the consent of patients who are underage or legally incapacitated, which is particularly fraught with problems. Furthermore, in practice there are also cases of medical actions which may be performed without the patient’s consent and even contrary to his objections. The issue of consent is presented in the context of contemporary challenges both with respect to persons practising in the medical professions and the applicable legal regulations.

Keywords:

patient, consent, action, medical practitioner

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Citation rules

Pacian, J. (2023). The patient’s right to consent to a medical action: conditions for legal effectiveness in the context of contemporary challenges. Zeszyty Prawnicze, 23(3), 69–94. Retrieved from https://czasopisma.uksw.edu.pl/index.php/zp/article/view/13244

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