Zdolność do wyrażenia zgody na zabieg przez pacjenta a zdolność do czynności prawnych

Abstrakt

THE ABILITY OF A PATIENT TO CONSERT TO MEDICAL TREATMENT AND THE ABILITY TO CIVIL ACTIONS

This article is devoted to the analysis of the relation between the institution of the ability to civil actions established by the provisions of the Civil Code and the patient’s consent provided by the Patient Rights and Patient Rights Act, as well as the Act on Doctor and Dentist Professions. The work aim is to make a detailed assessment of the status of a patient equipped with full legal capacity, deprived of this ability and having restricted legal capacity, to present discrepancies between the norms regulating the subjective conditions for effective legal actions under civil law and the provisions that determine the rules for granting consent for medical treatment.