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- Title
Statements for the event of incapacity to consent: current issues and postulates regarding future law.
- Authors
Olszewska, Zofia Barbara
- Abstract
The issue of providing statements in the event of incapacity to consent to medical treatment is extremely complex. The international legal community grapples with terminological confusion, with the terms “living wills”, “pro futuro statements”, “advance medical directives”, and the classic “statements for the event of future incapacity to consent” being used to describe the concept in question. What exactly, however, does this concept involve? The article points out the legal differences between the classic expression of consent or objection as precisely defined in the Polish Act on the Profession of Physician and Dentist, and the making of a statement in the event of future incapacity to consent. The issue of the form required for the delivery of such statements was considered. Relevant Polish legislation was analysed with the legal basis facilitating (or not) the making of such statements being indicated and possible risks for physicians providing medical services to individuals who had delivered such statements being presented. Also presented are the necessary changes to Polish legislation regarding the institution of living wills as well as postulates regarding future law.
- Subjects
MEDICAL laws; PHYSICIANS; PALLIATIVE treatment; PATIENT autonomy; PATIENTS' rights
- Publication
Palliative Medicine in Practice, 2024, Vol 18, Issue 1, p31
- ISSN
2545-0425
- Publication type
Article
- DOI
10.5603/pmp.96441