Legal grounds for ‘extending the scope or type of procedure’

Justyna Zajdel 1, Adam Dziki 2, Anna Krakowiak 3, Radosław Zajdel 4
1 - Department of Medical Law of the Medical University of Lodz, Faculty of Management of Social Academy of Sciences, Lodz, Poland
2 - Department of General and Colorectal Surgery of the Medical University of Lodz, Poland
3 - Division of Clinical Toxicology, Nofer Institute of Occupational Medicine, Lodz, Poland
4 - Chair of Economical Informatics, University of Lodz, Faculty of Public Health, Medical University of Lodz, Poland
Ann Agric Environ Med

ICID: 1232554
Article type: Original article
  Introduction. The development of patient rights and increasing number of lawsuits based on medical malpractice make medical doctors constantly improve knowledge regarding the acceptability of changing the scope of operation. This is particularly important when patients have expressed their refusal to changing the scope and type of procedure (ESTP) or no informed consent (IC) has been obtained from the patient prior to the procedure.
Method. The method of study comprised content analysis of existing legislation. The current jurisprudence and doctrine were confronted with existing regulations. An algorithm of correct formal procedures was elaborated. Results. The doctor has right to realize ESTP when the patient has not given the consent to it or the refusal expressed by him was not fully conscious. Healthcare providers are absolutely prohibited from realizing ESTP when patient objected to any changes being thoroughly informed by the physician prior to the operation. When patient refuses possible ESTP, the doctor has the right to withdraw from performing surgery but should inform the patient about other places, where a similar procedure can be provided.
DOI: 10.5604/12321966.1232554    

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