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The publication presents several dozen judgements of European and constitutional tribunals and of Polish as well as foreign courts which relate to the main issues of the debate conducted in Poland nowadays. They illustrate current development trends that occur in Polish and European medical law and also reveal the complexity and intricacy of medical issues. Separate statements enclosed to some judgements highlight the broad scope of problems arising in that field.

Glosses to each of the judgements and separate footnotes referring the reader to the literature provide a complete description of the subject matter. They also clarify the normative context of the cases reviewed. Moreover, all comments present problems from legal, ethical, political and even economic perspective. Both theoretical and practical aspects of issues concerning vindication of claims and the range of presentation of claims are highlighted in the book.

The Authors contributing to the publication are affiliated with the University of Warsaw. Their main research interests include medical law, civil law, constitutional law and European law.

The book is recommended for lawyers and physicians as well as all those interested in the field of bioethics and the issues of the health care.

Table of Contents

Abbreviations
Introduction

Chapter I
Constitutional standards
1. Right to conscientious objection
2. Medical ethics
3. Research experiment on humans
4. Status of a conceived child
5. Information about health condition
6. Constitutional right to health protection
7. Statute of limitation for claims
8. Protection of incapacitated persons
9. Filiation of a child
10. Medical ethics II

Chapter II
European standards
I. Jurisprudence of the European Court of Human Rights
1. Transsexualism
2. Assisted suicide
3. Substitute consent
4. Civil liability for childbirth
5. Abortion
6. Medically assisted procreation
II. Jurisprudence of the Court of Justice of the European Union
7. Abortion and free movement of services
8. Legislative competence in the sphere of health protection
9. Financing of cross-border medical services
10. Biotechnological directive
11. Right to reimbursement for cross border treatment
12. Reimbursement for unauthorised cross border treatment

Chapter III
Autonomy
1. Relative indications for procedure
2. Scope of duty to inform
3. Cosmetic surgery and duty to inform
4. Scope of duty to inform II
5. Duty to inform and civil liability
6. Burden of proof of providing information
7. Procedure utilizing products not admitted to trading
8. Validity of consent to surgery and lack of written form
9. Blank consent
10. Refusal of service and duty to inform
11. Duty to inform and omission of procedure
12. Penal liability for treatment without consent

Chapter IV
Civil liability
I. Liability principles and basis
1. Liability based on the principle of equity
2. Concurrence of liabilities
3. Organisational fault of a hospital
4. Grounds for hospital’s liability
5. Insurer’s liability
6. Grounds and prerequisites for compensation claims
II. Establishment of causal nexus and damage
7. Contributory negligence of the injured and refusal of treatment
8. Prerequisites for compensation and experiencing no harm
9. Proving in medical proceedings
10. Hypothetical consent and legally relevant damage
11. Hypothetical consent and scope of duty to inform
12. Duty to inform and legally relevant damage
13. Hypothetical consent and lack of information
III. Standards of health care services
14. The highest standard available
15. Average standard
IV. Childbirth as source of liability
16. Birth of a disabled child
17. Liability for costs of maintaining a child
18. Constitutionality of classifying a child as damage
19. Costs of maintaining a child as damage
20. Birth as damage – wrongful life

Chapter V
Procreation
1. Sterilisation of disabled persons
2. Artificial heterologous insemination
3. Status of human body
4. Substitute maternity
5. Limits of duty to protect human dignity
6. Status of human gametes
7. Penal protection of a child during labour

Chapter VI
End of life
1. Living will
2. Doctor’s duty to provide aid
3. General duty to provide aid
4. Persistent therapy
5. Discontinuation of nutrition in vegetative state
6. Assisted suicide
7. Siamese twins separation

Chapter VII
Other cases
I. Problems of transsexuality
1. Correction of birth certificate
2. Sex affiliation as personal right
3. Declaring the sex of a transsexual person
II. Problems with financing of health care services
4. Financing of extra-contractual services
III. Other issues
5. Experiment on a person being artificially sustained alive
6. Psychiatric confidentiality

List of rulings
Index

500 pages, Hardcover