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A private opinion is a statement referring to the expertise not obtained from an expert appointed by the court. Consequently, in medical proceedings this opinion is not as important as expert evidence within the meaning of Article 278 § 1 of the Polish civil procedure. Nevertheless, the role of a private opinion in civil medical litigation is constantly increasing. This is primarily due to the crisis...
The subject of the article is a discussion of issues related to the limitation of patients’ rights provided for in the law in the prevention and control of one of the infectious diseases – tuberculosis. The above restrictions result from the treatment of public health as a merit of higher protection than individual human rights. They are manifested in specific responsibilities of patients suffering...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
Public administration operates under a wide variety of legal forms as well as regulates a broad scope of citizens’ day-to-day activities. Disease surveillance conducted by specialized organs called ‘administrative police’ is one of many subjects of state interest that is also vital for individuals’ selfdetermination. Under the competences of epidemic intelligence, public authorities may also interfere...
The problem of legal regulation of ex vivo graft from a young living donor raises a lot of controversy. According to the Polish Act on the Collection, Preservation and Transplantation of Cells, Tissues and Organs, a minor can be a donor only in exceptional cases – a cumulative number of prerequisites must be met. At the same time, this regulation provides solutions which respect the autonomy of minors...
This study addresses a very important and controversial issue of the legal aspects of the socalled “windows of life’s” operation and functioning. The authors present the concept of windows of life as well as explain key issues that arise in discussions on the topic. Based on the content of the Convention on the Rights of the Child, they present a doctrinal approach to the terms of the right to life...
The right to demand to withhold information is an expression of respect towards patient’s will and his autonomy as well as denial of the paternalistic conception of a relation between an ill individual and his doctor. It is the patient who, as a disposer of the right to information, decides if and to what extent he wants to receive such information. Despite the fact that the right to information has...
The aim of the study is to analyze domestic law and selected aspects within international legal regulation connected to the scope of autonomy of a minor patient depending on medical interventions. The starting point is the explanation of the most significant elements of the principle of selfdetermination: the right to consent and the right to information. It should be pointed out that the scope of...
Preimplantation genetic diagnosis (PGD) is designed to assist in conception when a serious hereditary disease affects a couple and it is necessary to screen out embryos carrying chromosomal or genetic abnormalities. The procedure may therefore be lawfully applied only for medical reasons to avoid a particular risk of transmitting genetic defects to a child regardless if the couple is infertile or...
A basic right of each patient is the right to grant consent to medical treatment. A doctor cannot act without the knowledge and will of a patient. Contrary behaviour is treated as illegal. A possibility of using the right of self-determination becomes complicated in the situation of incapacitated patients. The article presents the situation of the incapacitated in the process of granting consent to...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
According to the data, the deceased and living donor rates cannot keep pace with the growing need for organs in the United States. In three decades, the national waiting list has grown 8-fold. It is estimated that every 10 minutes another name is added to the national transplant waiting list. Approximately 22 people die every day waiting for a transplant. Most organs for transplants are recovered...
Proposals to regulate life problems in Poland cause interest and are discussed both in the social and doctrinal level. The issue is controversial because it concerns a very delicate sphere of human life. This work is an attempt to define “the will of life”. We state that this is a pro futuro statement, where each person can express his or her willingness to use specific medical procedures in anticipation...
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