Monitor Prawniczy

no. 11/2023

Restriction of the exercise of patients’ rights in the times of the epidemic - Part II

Beata Janiszewska
Autorka jest adiunktem w Instytucie Prawa Cywilnego WPiA Uniwersytetu Warszawskiego.
Abstract

In the second part of the study, devoted to the issue of restricting the exercise of patients’ rights in the time of the epidemic, general instructions have been formulated regarding the introduction of such restriction: as a necessary measure and at the same time one proportionate to the intended protective purpose, in connection with the occurrence of an epidemic threat or the need to ensure health safety for patients. The issue of admissibility of rationing the exercise of the rights guaranteeing a patient’s subjective position in the relationships with persons performing medical professions (in particular the right to express or refuse consent to provide health care and the right to medical information) has been analysed; specific manifestations of restricting the exercise of particular patient rights have also been described. These reflections have become the basis for formulating an overall assessment of regulations contained in Art. 5 of the Act on Patients’ Rights and Patients’ Rights Spokesman and presenting comments summarizing the whole.

Keywords
patients’ rights, restriction of the exercise of patients’ rights, COVID-19 epidemic, personal rights, compensation, epidemic threat