Review article
https://doi.org/10.32984/gapzh.12.1.13
Legal Aspects of the Refusal of Medical Treatment
Nina Mišić Radanović
orcid.org/0000-0001-6664-0375
; University Department of Forensic Sciences, University of Split, Split, Croatia
Abstract
It is generally accepted that the free will of the patient prevails over medical reasons, but this is neither absolute nor should be unconditionally accepted. The paper presents the international and domestic legal frameworks for the right to refuse treatment, and discusses cases and conditions in which this right can be limited. In particular, the behaviour of physicians and other healthcare professionals is analysed, as well as the answer to the question of whether they violate the legal norm and rules of their profession by accepting a patient’s refusal, or whether they breach their obligation to undertake emergency intervention. The author also deals with the legal aspects of the complex issue of refusing to treat certain categories of vulnerable people, such as children, people with mental disorders, dying patients in decisions to end their lives and prisoners on a hunger strike. The paper points out that the conflict between the right to refuse treatment and the state's interest in preserving life and health can raise issues of various types of liability of healthcare workers, from negligent treatment and failure to render medical aid in an emergency, to compensation and/or disciplinary liability. The author focuses especially on inconsistent and unclear legal regulations that can result in legal uncertainty due to the dilemma on the part of healthcare workers over which regulation should be given priority in practice.
Keywords
right to refuse medical treatment; refusal to treat children; dying patients; people with mental disorders; responsibility of healthcare workers
Hrčak ID:
260606
URI
Publication date:
16.7.2021.
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