The Patients’ Right to Make Independent Decisions

A fundamental element of patient rights is the right to self-determination, which allows patients to freely decide whether to seek healthcare and which interventions to accept or refuse. This right ensures that patients make decisions about their health status based on proper information and of their own free will. However, it is important to note that in certain cases defined by law, this right can be restricted, especially if the patient’s decision endangers the life or physical integrity of others.

The right to self-determination of capable patients

For capable patients, the laws allow them to refuse healthcare, except when this endangers the health or life of others. In the case of refusing care, the decision must be made in the appropriate legal form, such as in a public document or a fully enforceable private document. Oral refusals are not valid if the patient’s condition would result in serious or permanent harm due to the absence of care.

Patients also have the right to make decisions about their care free from coercion and of their own free will. The laws prohibit anyone from influencing patients’ decisions by any means. The refusal of life-sustaining interventions is only possible in cases where the patient’s condition is incurable and death is imminent. In such cases, a three-member medical committee’s opinion is also required for the patient’s decision to be valid, and the declaration must be reaffirmed in the presence of two witnesses.

When is patient consent not necessary?

In certain situations, doctors can perform necessary interventions without consent. If the patient is unable to express their wishes due to their health condition, and obtaining a declaration from the appropriate person would cause a delay, doctors may act in the patient’s best interest. In particularly urgent cases, where the absence of intervention would have serious consequences, doctors have the right to intervene.

The consequences of not performing medical interventions can be particularly severe if the patient endangers the life or physical integrity of others. In such situations, the laws ensure that interventions aimed at protecting the patient can be performed, even without consent. If modifying the intervention creates an urgent need, doctors are entitled to carry out the necessary interventions, provided they were not foreseeable.

Patients’ rights to refuse treatment

Part of patients’ rights is the ability to refuse medical care; however, this right is not absolute. Refusal of care is only valid if the absence of medical intervention does not lead to serious consequences. If the patient’s condition requires care, the refusal must be confirmed in writing, and oral declarations are not valid.

To respect patients’ rights, it is important that there is no coercion, and in all cases, the alleviation of the patient’s suffering must be taken into account to protect patients’ rights. The refusal of life-sustaining interventions is only possible if the patient’s condition is incurable, and the decision is supported by medical opinion. The declaration must be reaffirmed by the patient in the presence of witnesses within three days.

The rights of incapacitated patients

The rights of incapacitated patients, such as minors with limited capacity, fall under different rules. In such cases, refusal of healthcare is not possible if the absence of care would lead to serious harm. The law ensures that primary healthcare cannot be refused, and legal representatives, such as parents, are entitled to make decisions regarding their children’s healthcare.

If life-sustaining care becomes necessary for an incapacitated patient, the treating physician may turn to the court to obtain consent. In cases of immediate life-threatening situations, doctors are entitled to intervene immediately, and police assistance may also be requested during the procedures. The laws clearly define who is entitled to speak on behalf of incapacitated patients, thereby ensuring the protection of patients’ rights during healthcare.