How and in what form medical information is provided

In democratic states, the right to freedom of every person is strongly emphasized. It is also expressed in the possibility of deciding whether to undergo a certain medical procedure. The fundamental condition for any medical procedure to be legal is the patient’s consent. However, for such consent to have legal effects, it must meet certain conditions, in particular it must be conscious. This means that before making a therapeutic decision, the patient should obtain the necessary information from a medical professional, which will enable him to decide on further treatment. Such information not only has to be reliable in terms of content but also transmitted in a way that is assimilable by the patient. Therefore, the article describes the ways and forms of conveying the information and also determines on whom the proof of realization of the information obligation rests. In the context of the way of information, models developed in doctrine and jurisprudence are presented, and the so-called mixed model is proposed to be applied to patients undergoing palliative care. In the context of the form of information, it was explained that it is free, so it can be either written or oral. However, written information should be preferred as it has significant evidential value and allows the patient to read the content calmly and make a more informed decision. It has also been clarified that the doctor bears the burden of proof to show that he has complied with his duty to inform. Therefore, the doctor should secure his/her evidence by preparing appropriate documentation, entries in the medical history, patient’s statements, he/she may also use other means of evidence such as witness testimony.