open access

Vol 46, No 3 (2014 Jul-Aug)
Review articles
Submitted: 2014-07-29
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The right to information

Rafał Kubiak
DOI: 10.5603/AIT.2014.0033
·
Anaesthesiol Intensive Ther 2014;46(3):180-194.

open access

Vol 46, No 3 (2014 Jul-Aug)
Review articles
Submitted: 2014-07-29

Abstract

The right to self-determination, including the decision on treatment, is affirmed in modern societies. Therefore, the fundamental condition of legal procedures is informed consent of a patient or an authorised person. However, to make the consent legally effective, some conditions have to be met; of these, the provision of comprehensive medical information is of the utmost importance. Thus, a patient is entitled to necessary information provided by a physician. The correlate of this right is the obligation to disclose information which must be fulfilled by a medical practitioner. The aim of this review is to examine this obligation in terms of determining the range of subjects authorised to provide information, the scope of subject information or a set of data, and the manner and time in which it should be given. Moreover, this article discusses regulations which permit limitations of information disclosure, i.e. the patient’s entitlement to renounce the right to information, and therapeutic privilege. The disquisition regards achievements of legal doctrine and judicature, from the angle of which all the legal solutions and doubts arising are presented.

Abstract

The right to self-determination, including the decision on treatment, is affirmed in modern societies. Therefore, the fundamental condition of legal procedures is informed consent of a patient or an authorised person. However, to make the consent legally effective, some conditions have to be met; of these, the provision of comprehensive medical information is of the utmost importance. Thus, a patient is entitled to necessary information provided by a physician. The correlate of this right is the obligation to disclose information which must be fulfilled by a medical practitioner. The aim of this review is to examine this obligation in terms of determining the range of subjects authorised to provide information, the scope of subject information or a set of data, and the manner and time in which it should be given. Moreover, this article discusses regulations which permit limitations of information disclosure, i.e. the patient’s entitlement to renounce the right to information, and therapeutic privilege. The disquisition regards achievements of legal doctrine and judicature, from the angle of which all the legal solutions and doubts arising are presented.

Get Citation

Keywords

informed consent, patient, the right to information, therapeutic privilege, obligation to disclose information (disclosure)

About this article
Title

The right to information

Journal

Anaesthesiology Intensive Therapy

Issue

Vol 46, No 3 (2014 Jul-Aug)

Pages

180-194

DOI

10.5603/AIT.2014.0033

Bibliographic record

Anaesthesiol Intensive Ther 2014;46(3):180-194.

Keywords

informed consent
patient
the right to information
therapeutic privilege
obligation to disclose information (disclosure)

Authors

Rafał Kubiak

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