Can I buy additional medical treatments in the hospital?
There is no legal procedure that would allow the purchase of additional he alth treatments under the Primary He althcare (POZ). Such a situation could take place in private he alth facilities. Buying additional treatments requires them. Therefore, in this case, the advisability of this type of action should be considered. Usually, doctors themselves seek to provide additional he alth services to the patient, if they see such a necessity. Otherwise, such actions may be treated as harm caused to the patient. Pursuant to Art. 192 § 1 of the Penal Code, whoever performs a treatment procedure without the consent of the patient is subject to a fine, restriction of liberty or imprisonment for up to 2 years. Prosecution takes place at the request of the injured party. Currently, only a person who has violated the requirement to act for a therapeutic purpose or act in accordance with the principles of medical art may be liable for an unintentional resulting offense against life and he alth. In Polish law, there is no statutory definition of a medical treatment. By analogy to Art. 2 clause 1 of the Act on the professions of a doctor and dentist (Journal of Laws of 2011, No. 277, item 1634, as amended), it can be stated that a therapeutic procedure is a procedure aimed at - in accordance with the intention of the person undertaking it - maintaining, restoring or improving he alth another person by undertaking diagnostic, therapeutic, as well as prophylactic and rehabilitation measures involving violation of their bodily integrity. This violation may take the form of both a violation of the body tissue (e.g. surgery, injection, spinal fluid extraction) and physical interference related to penetration into the human body without tissue damage (e.g. gastric probe, brain penetration by electroconvulsion). The thesis, sometimes encountered in Polish literature, that a therapeutic procedure is any he alth service.
Legal basis: The Penal Code Act (Journal of Laws of 2007, No. 88, item 553, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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