Monitor Prawniczy

no. 3/2021

The consequences of a failure to observe the doctor’s duty to inform the patient

DOI: 10.32027/MOP.21.3.4
Beata Janiszewska
Abstract

The article discusses the consequences of a failure to provide medical information, which is needed by the patient to decide whether to give or refuse to give consent for the performance of a medical procedure. There is a prevailing position in the judicial practice, including the Supreme Court judgments, that providing a patient with incomplete information does not always invalidate the medical consent, and consequently does not always implicate liability of a doctor or a hospital for all consequences of a procedure, including the inculpable ones.