open access

Vol 16, No 4 (2021)
Review paper
Published online: 2021-08-31
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Persistent therapy in the light of case-law and literature in the aspect of the patient’s rights and the physician’s corresponding obligations

Kamila Kocańda12, Agnieszka Zwierzchowska23, Michał Bączek4
DOI: 10.5603/FC.2021.0040
·
Folia Cardiologica 2021;16(4):281-284.
Affiliations
  1. Instytut Nauk Medycznych Uniwersytetu Jana Kochanowskiego w Kielcach
  2. Wojewódzki Szpital Zespolony w Kielcach
  3. Świętokrzyskie Centrum Psychiatrii w Morawicy
  4. 1st Clinic of Cardiology and Electrotherapy, Collegium Medicum, Jan Kochanowski University, Kielce, Poland

open access

Vol 16, No 4 (2021)
Cardiology and law
Published online: 2021-08-31

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.

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.

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Keywords

Persistent therapy, patient’s rights, physician’s obligations

About this article
Title

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

Journal

Folia Cardiologica

Issue

Vol 16, No 4 (2021)

Article type

Review paper

Pages

281-284

Published online

2021-08-31

DOI

10.5603/FC.2021.0040

Bibliographic record

Folia Cardiologica 2021;16(4):281-284.

Keywords

Persistent therapy
patient’s rights
physician’s obligations

Authors

Kamila Kocańda
Agnieszka Zwierzchowska
Michał Bączek

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