legal interpretation, rational legislator, postmodernism, modernity, deconstructionism

  1. Katarzyna Maria Zoń ORCiD:



Patient’s behavior as a legitimate reason to exercise a doctor’s right to refuse treatment

A doctor has a fundamental duty to provide health services, which also includes treatment of a patient. This obligation is not absolute. First the statutory (Art. 38 of the Act of 5 December 1996 on the medical and dental professions) and deontology regulations (Art. 7 of the Medical Code of Ethics) related to this topic should be explained, because it is necessary for further consideration. According to the above-mentioned provision a doctor has a right to refuse treatment of a patient.
The aim of this paper is to analyze the issue of a doctor’s right to refuse treatment for reasons attributable to the patient and related to the patient’s conduct. In this context it should be highlighted that a doctor can exercise the above right under certain circumstances. The most essential is the significant restriction to make use of a right to refuse treatment. All strictly formulated terms require cumulative fulfilment. This special regulation ensures in an appropriate way respect for the rights and interests of patients.
To sum up, a legitimate reason to exercise a doctor’s right to refuse treatment is also the patient’s behavior, such as aggressive conduct, multiple non-compliance with the doctor’s order or negating the competence of the doctor. This thesis finds support both in statutory and deontology regulations.


Download article

This article


320, 2016

Pages from 177 to 188

Other articles by author

Google Scholar


Your cart (products: 0)

No products in cart

Your cart Checkout