Persistent therapy in the light of case-law and literature in the aspect of the patient’s rights and the physician’s corresponding obligations

Abstract

Persistent therapy is the continuation of treatment despite having assessed the patient’s clinical condition as showing no prospect of improvement, having exhausted all available treatment options and having found that continued therapy would extend the patient’s suffering with no chance of improvement. Persistent therapy is an exception from the physician’s obligation to provide medical assistance in each case when delay could result in the threat of loss of life, serious bodily injury or serious health disorder. Provisions of Polish law do not provide for any special procedure for consent by an authorized body (e.g. court) for discontinuation of treatment as the result of a finding of no medical indications for its continuation. Accordingly, it rests upon the medical staff to make and implement the decision in this regard. This includes first and foremost making a collective decision, reflecting all circumstances relating to the patient’s clinical condition in the medical records, and giving effect in practice to the patient’s rights — including the right to be informed about the condition of one’s health, to give informed consent to the provision of a medical service, and to die peacefully and with dignity — as appropriate given the patient’s state of consciousness.