Confronting medical students' right to education with patients' right to dignity and intimacy. Between didactics and the will of the patient.
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Katedra i Zakład Prawa Medycznego i Farmaceutycznego, Uniwersytet Medyczny im. Karola Marcinkowskiego w Poznaniu, Polska
Submission date: 2023-11-18
Acceptance date: 2024-02-21
Publication date: 2024-02-22
Corresponding author
Marcin Waszak
Katedra i Zakład Prawa Medycznego i Farmaceutycznego, Uniwersytet Medyczny im. Karola Marcinkowskiego w Poznaniu, ul. Przybyszewskiego 39, 60-356, Poznań, Polska
Zeszyty Naukowe PIM MSWiA 2024;1(1)
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ABSTRACT
Introduction and objective: The confrontation of the right to education of medical science students with the right to respect for intimacy and dignity is both a noticeable and current problem of medical law. It should be signaled at the outset of the considerations undertaken that the Polish legal system lacks unambiguous regulations. In analyzing the problem of the clash between the right to respect for intimacy and dignity and the right to educate medical students, it is necessary to ask which of the aforementioned rights should be given priority? The purpose of the article is to outline the relationship between these rights, including an approximation of the positions expressed in the literature, subjecting them to critical evaluation, and consequently identifying the superior law and the right. What's already known about this topic?: The analysis of available sources leads to the conclusion that representatives of the doctrine study the problem quite rarely. As a rule, the authors advocate the primacy of the right to respect for intimacy and dignity, but the constatation is generally not met with in-depth scientific reflection. In turn, the jurisprudence in general does not undertake considerations leading to an indication of the primacy of one of the rights. Nor does a reading of the Law on the Profession of Physician and Dentist and the Law on the Rights of the Patient and the Patient Ombudsman provide answers. Abstract: In the author's opinion, a systemic analysis of the norms devoted to the subject of statements made by the patient legalizing the provision of health care, as well as the essence of the right to education of medical students leads to the conclusion that the patient may object during the provision of health care to the presence of anyone who would not be part of the necessary medical personnel.