ODMOWA ZGODY NA UDZIELENIE ŚWIADCZENIA ZDROWOTNEGO (UWAGI NA TLE WYROKU SĄDU NAJWYŻSZEGO Z 7 LISTOPADA 2008 ROKU, II CSK 259/08)
REFUSAL OF GIVING CONSENT OF HEALTH BENEFIT (COMMENTS IN A BACKGROUND OF JUDGMENT GIVEN BY HIGH COURT OF JUSTICE FROM 7 NOVEMBER, 2008; II CSK 259/08)

Summary/Abstract: This article is dedicated to a refusal of giving consent of health benefit to a patient. This study relates to the position of High Court of Justice, enclosed in a judgment with regards to the case of repairing of injury, rolled by the patient against the company conducting surgical clinic. After breaking her leg the plaintiff did not accept hospitalization, but she chosed behavioural method of treatment, which consisted of immobilizing her leg. This method proved to be unsuccessful. In a court, the patient referred to being uninformed by the doctors about the ineffective way of this therapy. High Court of Justice stated that doctor’s responsibility is to give the patient not only the information about the risk with regards the operation, but also about the risk following from desisting from treatment. Information given to a patient must be, e.g., reliable and approachable. If a patient denies medical interference, which is advisable, a doctor should persuade the patient to accept the operation. Analysing the statement of High Court of Justice, the author considers what a span of information duty and its influence on realisation of principal autonomy of patient’s will is.

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