Does the patient have the right to the presence of a loved one while using the medical service? In what situation can the doctor refuse this presence?
While receiving medical assistance, the patient has the right to the presence of a loved one. Pursuant to Art. 33.1 of the Act on Patient Rights and Patient Rights Ombudsman, a patient in a he alth care facility intended for people requiring 24-hour or all-day he alth services has the right to personal, telephone or correspondence contact with other people. It is worth mentioning that the patient also has the right to the presence of a loved one during a medical examination. A person performing a medical profession, providing he alth services to a patient, may refuse the presence of a relative when providing he alth services, if there is a probability of an epidemic threat or due to the patient's he alth safety. The Act does not specify the meaning of the word patient safety, leaving some freedom of interpretation. The refusal to be present is recorded in the medical records. It is worth knowing that diagnostic, treatment and preventive measures require the patient's consent. If the patient is incapable of expressing consent, it should be expressed by his statutory representative or the person actually caring for the patient. In the case of a minor, the doctor should also try to obtain his consent, provided that he is able to consciously express this consent. The initiation of diagnostic, therapeutic and preventive proceedings without the patient's consent may only be allowed in exceptional cases in which the life or he alth of the patient or other persons is at risk. The examination without the required consent of the patient, the doctor may also conduct the examination at the request of an authority or institution authorized to do so under the law, as long as it does not create excessive he alth risk for the patient. If consent is not obtained for the proposed procedure, the physician should continue to provide the patient with medical care, as far as possible. Legal basis: Act on the rights of the patient and the patient ombudsman (Journal of Laws of 2010, item 159, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent expertlegal specialist specializing in medical matters.
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