Waiving of obligation to obtain patient’s consent to participate in a medical experiment
Journal Title: Medycyna Ogólna i Nauki o Zdrowiu - Year 2016, Vol 22, Issue 2
Abstract
[b]Purpose. [/b]The objective of the article is to present, analyze and evaluate legal regulations which are in effect in Poland regarding the possibility to waive the obligation to obtain a patient’s consent to participate in a medical experiment. The discussion made herein is aimed at finding the answer to the question whether the aforesaid legal regulations are clear, do not raise any concerns and constitute a sufficient guarantee that the rights of the participants in a medical experiment shall be respected. [b]Materials and methods.[/b] The source material used in the article is the Medical Profession Act of 5 December 1996. The research method applied herein is a dogmatic-legal approach which consists in analyzing applicable legal regulations. The discussion of the content of legal provisions is accompanied by an overview of the doctrine. [b]Findings. [/b]The applicable legal regulations in Poland which allow the possibility to waive the obligation to obtain consent to participate in a medical experiment are vague and imprecise. Their wording may raise a number of doubts. This poses a danger of discrepant interpretations, which seems to be unacceptable in view of the importance of the subject matter. [b]Conclusions.[/b] Apparently, the legislator failed to develop suitable legal solutions regarding the possibility to conduct a medical experiment without consent, so that appropriate guarantees are provided which ensure that participants’ rights shall be respected. The application of institution in practice should take place absolutely only occasionally and in exceptional circumstances when such a need occurs, and solely when it is imposed by concern for the well-being of the participant in a medical experiment.[b]Key words:[/b] medical experiment, legal regulations, medical law
Authors and Affiliations
Joanna Huzarska, Dorota Huzarska
Comparison of effectiveness of treatment of arterial hypertension in patients with concomitant type 2 diabetes and without diabetes
Introduction: Arterial Hypertension (AH) occurs twice as frequently among patients with diabetes than in the total population. Pharmacological treatment of patients with type 2 diabetes usually requires the application o...
Genesis and evolution of basic analytical categories of medical sociology
Introduction: Medical sociology is the first fully developed branch of the social sciences which examines the social aspects of health, illness, and treatment.Objective: To describe the cognitive identity and subject of...
Evaluation of body composition in students with different degrees of physical activity by the method of bioelectrical impedancje
Introduction. Improving physical activity of the population in a strategic objective of the National Health Programme for 2007-2015. This is highly reasonable as Polish society is not very physically active. It is estima...
Komentarz do artykułu Kamila Zaworskiego, Roberta Latosiewicza, Piotra Majchera oraz Tomasza Derewieckiego pt. „Terapia manualna w diagnozowaniu i leczeniu zespołu mięśnia gruszkowatego – studium przypadku”
Health promoting properties of young barley
Introduction The term ‘young barley’ refers to the seedlings of barley up to 200 hours after germination. The immense popularity of young barley is due mainly to its ability to accelerate metabolism and the burning of fa...