In case of patients with no disposing capacity or limited disposing capacity

  • In case of patients with no disposing capacity or limited disposing capacity,
    • if the absence of the given care would lead to severe or permanent damage or
    • in case of an underage patient, the medical services of the general practitioner, family pediatrician and the health visitor
  • cannot be refused.
     
  • In case of patients with no disposing capacity or limited disposing capacity, if a life-saving or life-supporting intervention is refused and
    • there is a LIVING WILL, the content therein shall be complied with. However, if the patient made a statement earlier (in possession of their disposing capacity) stating that the patient shall not be revitalised, however, there was no time to check whether there was a living will, the statement made later personally shall govern (in case of the lack of personal statement, the consent to the life-supporting/life-saving intervention shall be presumed);
    • o there is no living will, the following people shall decide on the care in the order determined by law:
      • the legal representative of the patient (parent or guardian of an underage, the guardian of a person of full age) and in the absence of the above
      • a legally capable spouse or partner living in the same household with the patient
        • in the absence thereof
        • the child, in the absence thereof
        • the parent, in the absence thereof
        • brother or sister, in the absence thereof
        • grandparent, in the absence thereof
        • grandchild of the patient;
      • in the lack of the relatives above, the legally capable
        • child, in the absence thereof
        • the parent, in the absence thereof
        • brother or sister, in the absence thereof
        • grandparent, in the absence thereof
        • grandchild of the patient not living in a common household with the patient;
      • if there is no relative, the consent shall be presumed, i.e. the intervention shall be performed.
  •  if on behalf of the patient, the life-saving intervention is refused, it is possible only in the presence of the appropriate conditions:
    • all conditions regarding the refusal of the legally capable person shall be met (medical committee of three members) and additionally
      • the medical committee of three members also examines whether the replacing decision maker has made his/her decision by being aware of the consequences thereof AND
      • simultaneously, the healthcare provider brings an action before a court to obtain the required consent
      • therefore, the court will decide which one to consider with a view to the interests of the patient: the statement of the personal representative/relative on refusal or the request of the healthcare provider to replace the consent to the medical care;
      • until the legally binding order of the court, the attending physician shall provide sufficient care required by the health condition of the patient.
      • In case of imminent threat to life, there is no need for judicial replacement of the statement to perform the necessary interventions.
Last update: 2021. 09. 29. 13:23