Help to patients in terminal stages (comment to the Art. 30, 31 and 32 of the Code of Medical Ethics) Cover Image

Pomoc chorym w stanach terminalnych (komentarz do art. 30, art. 31 i art. 32 Kodeksu etyki lekarskiej)
Help to patients in terminal stages (comment to the Art. 30, 31 and 32 of the Code of Medical Ethics)

Author(s): Bartosz Pawelczyk
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: terminal state;admissibility of the use of analgesics;boundaries of medical obligation to provide health benefits;persistent therapy

Summary/Abstract: Commentary discusses provisions on the conduct of doctors in relation to patients whose lives are inevitably coming to an end. From a legal point of view, the patient found in terminal state is equal in rights and obligations with any other patient. He is therefore also subject to the laws for the protection of life and health. The primary source of these rights is human dignity, which comes primarily responsible for alleviating the suffering regardless of health status and prognosis, until his death. The author takes the issue of the admissibility of the use of analgesics (painkillers) in cases where the administration accelerates the death of the patient, but at the same time relieves his suffering. The article is also a voice in discussion on the subject boundaries of medical obligation to provide health benefits when they are becoming persistent therapy. Raised in this context is the question of conscious patients and these with disabled/reduced consciousness. Especially with regard to the latter mentioned it reveals a difficult dilemma associated with the medical hierarchy of values: life (health) and autonomy of the patient. The duty to respect the patient’s will to take or discontinue medical action is paired with a legal prohibition on euthanasia and the prohibition of the provision of patient assistance in committing suicide.

  • Issue Year: 7/2015
  • Issue No: 7
  • Page Range: 65-77
  • Page Count: 13
  • Language: Polish