Comments on the consent of the patient to the medical treatment as a form of protection of the autonomy of the individual and the conditions of legality of the treatment within the meaning of art. 192 K.K. using telemedicine

Abstract

In the following article, all conditions being necessary to make a medical treatment legal – with special regard to formal requirements associated with obtaining patient's consent – have been discussed. Ananalysis of the legal acts, on the basis of which patient's will is protected, Has also been done. International conventions as well as the Constitution of Poland itself have been taken into consideration in the Niven process. Doctor's liability for committing a crime mentioned in the penal code, article 192 has been discussed within the further part of this paper. Special attention has been paid to the question whether the subject of that crime may be either someone who treats or anyone someone who, in the eyes of the law, has the right to treat or any one (common crime) and to the using information technology to provide patient's will in health care from a distance.