- 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.
- all conditions regarding the refusal of the legally capable person shall be met (medical committee of three members) and additionally
Last update:
2021. 09. 29. 13:23