Ograniczenia prawa pacjenta do samostanowienia w związku z hospitalizacją w przypadku gruźlicy

Abstract

The subject of the article is a discussion of issues related to the limitation of patients’ rights provided for in the law in the prevention and control of infectious diseases - in this instance tuberculosis. The above restrictions result from the treatment of public health as a merit of higher protection than individual human rights. Th ey are manifested in the specifi c responsibilities of patients in the case of tuberculosis, such as forced treatment and hospitalization, and therefore despite the lack of consent or against objection, compliance with the injunctions and prohibitions of the State Sanitary Inspection to prevent and combat infectious diseases. In this article I am presenting legal solutions limiting the patient’s right to decide on treatment, consent or objection to health services related to the implementation of tuberculosis prevention and control tasks, thus limiting the patient’s autonomy in relation to this disease and pointing to problems arising in connection with the fulfillment of obligations in this respect. Keywords: patient’s rights, restriction of patient’s autonomy, tuberculosis, obligatory hospitalization.