Can I get treatment at home instead of hospital treatment? If I make such a decision, will I still be en titled to hospital treatment due to the deterioration of my he alth?
YES. Pursuant to Art. 16 of the Act on Patient Rights and Patient Ombudsman, the patient has the right to consent to the provision of specific he alth services or to refuse such consent, after obtaining information about the he alth condition, method of treatment, compulsory or non-hospitalization. A person who refuses hospital treatment retains the right to such treatment due to the deterioration of his he alth. The provisions of the Act of December 5, 1996 on the professions of doctor and dentist (i.e. Journal of Laws of 2011 No. 277, item 1634 as or his statutory representative of accessible information about his he alth condition, diagnosis, proposed and possible diagnostic and treatment methods, foreseeable consequences of their application or omission, treatment results and prognosis ”. It follows from the cited provision that the physician is obliged to inform the patient, inter alia, about the "foreseeable consequences of failure" to use a given diagnostic or therapeutic method. It is worth mentioning here that the physician should exercise particular care in informing the patient about the consequences of not undergoing treatment. This was expressed in the Supreme Court's judgment of November 7, 2008 (file no. II CSK 259/08) “A physician must particularly carefully inform about the usefulness of various therapeutic methods when the patient is inclined to a less effective but, for example, less invasive method. If the procedure is deliberate and the patient neglects the recommendations or refuses to undergo such treatment, the doctor is obliged to repeat attempts to convince the patient to the procedure if he is in direct contact with him. " Legal basis: Act on patient's rights and patient ombudsman (Journal of Laws of 2012, item 159, 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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