Therapeutic privilege

Rafał Kubiak

eISSN: 2081-2833
ISSN: 2081-0016

Medycyna Paliatywna/Palliative Medicine

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1/2017
vol. 9

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abstract:

Review paper

Therapeutic privilege

Rafał Kubiak

Medycyna Paliatywna 2017; 9(1): 12-20

Online publish date: 2017/06/21

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Polish law emphasizes the right to medical information. It applies to a patient who, on the basis of the information obtained in this way, may subsequently make a therapeutic decision. Communicating such information to third parties serves to meet their family and social needs. This entitlement is not however, absolute. The regulations allow for its limitation based on the structure of the so-called therapeutic privilege. The article discusses both its rationale and deodontical as well as legal sources. An analysis has been made of the provisions under which the condition of invoking the therapeutic privilege of a physician is met. The scope of application of this construction was also presented, as well as the necessity of communicating the message to the statutory representative of the patient or to an authorized person. Despite the existence of this solution, the patient is not deprived of the ability to obtain complete data.

keywords:

Therapeutic privilege

Rafał Kubiak

patient, therapeutic privilege, medical information, patient’s rights, limitation of information