Should a doctor stop rendering medical services? Principles of conduct towards patients attempting to commit suicide. Part 1 -- the Polish perspective.

نویسندگان

  • Justyna Zajdel
  • Radoslaw Zajdel
  • Anna Krakowiak
چکیده

INTRODUCTION According to the general idea a doctor can start the medical management process in an adult and not legally incapacitated patient after the patient has given consent to initiate such a process. The patient's refusal makes rendering medical services impossible, irrespective of their scope and kind. It should be emphasized that such a refusal is respected if it is expressed fully, clearly and consciously. Cases in which such a refusal is expressed by an intoxicated suicidal patient, remaining under the influence of narcotics, drugs or medicaments which characterize with a similar activity should be particularly analysed. Although such a person is able to verbally declare his objection, his ability to process the information given by the doctor before initiating medical procedures is limited, or even non-existant. The refusal therefore cannot be regarded as reliable, which results in rendering medical services to the patient. MATERIALS AND METHODS An analysis was made of Acts of Law and the opinions of the judiciar by comparing and excluding contradictory and incoherent elements. RESULTS Despite the lack of clear regulations of a patient rejecting procedures aimed at saving the patient's life, or the prevention of serious health impairment or sustaining injury, it should be assumed that the objection expressed by the patient who does not demonstrate the ability to process the information provided by the doctor is not reliable, and the doctor is therefore still obliged to render medical services. External factors, such as consumption of alcohol, narcotics and drugs, which characterize with a similar activity impair perception and make the taking of a conscious decision impossible. Not providing medical help and introducing direct compulsion would mean neglecting provision of due diligence in the process of treatment and, as a consequence, placing the patient's health at risk, and suffering from negative implications for the patient's life and/or health in the future. CONCLUSIONS Current provisions should directly regulate the negligence of respecting a refusal expressed 'unconsciously' by a patient who remains under the influence of alcohol, narcotics, drugs or medicaments which characterize with a similar activity. Moreover, apart from legal provisions, the law providers should consider introducing a direct compulsion in patients who are unable to make a conscious decision in the treatment process.

برای دانلود رایگان متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Should a doctor stop rendering medical services? Part II - Analysis of medico-legal conduct in cases of uncertainties regarding informed consent in minors. The Polish perspective.

INTRODUCTION The doctor's decision whether to save the life of a minor who has attempted to commit suicide depends on the decision of the person who, under legal regulations, is responsible for the minor. In everyday medical practice doctors are often placed in difficult situations and often cannot make any decision. Such doubts arise when it is impossible to contact the person(s) responsible f...

متن کامل

Effectiveness of Life Skill Trainings in Ego Power, Temperament, and Suicidal Thoughts among Girls and Boys Attempting to Commit Suicide in Ilam Province, Iran

Introduction: Suicide is caused by the interaction of many factors; however, most suicides are preventable. If suicide does not lead to death, there is concern that the behavior may be repeated. Teaching life skills based on participatory and practical learning is very effective in increasing health and early prevention of problems, as well as helping adolescents to learn positive behaviors and...

متن کامل

مطالعه تطبیقی خودکشی مساعدت‌شده پزشکی در حقوق ایران، انگلستان و آمریکا

Abstract One of the most important and controversial issues in medical law is “Physician Assisted Suicide” that during the recent decades, it has been a challenging issue among the jurists, criminologists, doctors and even the patients themselves, as a part of the vulnerable population of society. This subject has had its own supporters and opponents. Core of these disputes is the &...

متن کامل

خودکشی مساعدت شده پزشکی: از مبانی جرم انگاری تا واکنش کیفری

One of the most important and controversial issues in medical law is “Physician Assisted Suicide” that during the recent decades, it has been a challenging issue among the jurists, criminologists, doctors and even the patients themselves, as a part of the vulnerable population of society. This subject has had its own supporters and opponents. Core of these disputes is the “Rig...

متن کامل

Doctor-assisted suicide: What is the present legal position in South Africa?

In the recent case of Stransham-Ford v. the Minister of Justice and Correctional Services, the North Gauteng High Court held that a terminally ill patient who was experiencing intractable suffering was entitled to commit suicide with the assistance of his doctor and that the doctor's conduct would not be unlawful. The court was careful to state that it was not making a general rule about doctor...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

عنوان ژورنال:
  • Annals of agricultural and environmental medicine : AAEM

دوره 20 1  شماره 

صفحات  -

تاریخ انتشار 2013