- Patients of full disposing capacity shall be free to decide whether to use healthcare and which interventions they approve - and with certain legal limitations they refuse - during healthcare (healthcare may not be refused, if it would endanger the lives or physical safety of others or a life-supporting or life-saving intervention may not be refused if the patient is pregnant and is considered to be able to carry the pregnancy to term). The patients shall have the right to take part in decisions affecting their examination and treatment even by influencing processes..
- The patients may at any time withdraw their consent to perform an intervention. However, if they did not have the sufficient grounds to refuse healthcare and that incidentally triggers any damage, they shall reimburse such damage.
- According to the general rule, patients may give their consent to perform the medical intervention in any form, by considering situations in everyday life. Therefore, they may express a decision on the intervention orally, in writing or even by implicit conduct. However, in case of an internal (invasive) intervention, the written consent of the patient is necessary, or if the patients are unable to do so due to their condition, consent may be provided in other ways - verbally or by implicit conduct in the simultaneous presence of two witnesses.
- It is an important entitlement of the right to self-determination that the patients of full disposing capacity may name the person who will make the declaration on consent necessary for the intervention on behalf of them in case of incidental incapacity and who shall be fully notified instead of the patient - so-called LIVING WILL.
- If a patient refuses a life-supporting or life-saving intervention or one the absence of which would be likely to result in serious or permanent impairment of health, they
- may do so only in a public deed or in a private document providing conclusive evidence, or in the case of inability to write, in the joint presence of two witnesses,
- may withdraw such refusal any time, without any formal requirements,
- shall notify the healthcare provider about such statement - if they are able to do so - upon admission to the medical institution or before the start of the provision of the health service at the latest and shall hand over a copy of such statement to the healthcare provider,
- if the health are provider is aware that the patient had made a statement earlier, but it is unavailable and it is unable to give any notification about the content of such statement - except the case of urgent necessity - it shall take immediate measure to acquire such declaration, if the place of storage thereof is known.
- Life-supporting or life-saving interventions may only be refused if the patient suffers from a serious illness which
- according to the current state of medical sciences, within a short period of time,
- even with adequate healthcare,
- would lead to death (incurable).
- In this case, a committee composed of three physicians (attending physician, specialist physician, psychiatrist) shall examine the patient and make a unanimous, written statement to the effect that the patient took his or her decision by being fully aware of its consequences, and the conditions of refusal have been satisfied. The patient on the third day following such statement by the medical committee declares repeatedly the intention of refusal in the presence of two witnesses.
Last update:
2021. 09. 29. 13:23