[Art. 192 Polish Penal Code--lawyers comments and medical practice]

Area of Science:

• Medical Law
• Criminal Law
• Bioethics

Context:

• Article 192 of the Polish Penal Code, enacted in 1997, addresses medical interventions performed without patient consent.
• The regulation faces mixed reception within the medical community but garners significant interest from legal professionals.
• Discrepancies exist in the interpretation and teaching of this legal norm among legal scholars.

Purpose:

• To analyze the ambiguities and inconsistencies surrounding the interpretation of Article 192 of the Polish Penal Code.
• To highlight the differing perspectives between medical and legal professionals regarding patient consent in medical interventions.
• To identify the need for clarification and potential amendment of the existing legislation.

Summary:

• Article 192 criminalizes medical interventions performed without explicit patient consent.
• Interpretations vary regarding the scope of legal protection and the precise definition of the regulated acts.
• The existing legal literature fails to provide a clear and universally applicable interpretation, indicating a need for legislative revision.

Impact:

• The lack of unambiguous interpretation poses challenges for consistent legal protection in medical malpractice cases.
• Clarification of Article 192 is crucial for aligning legal standards with medical practice and ethical considerations.
• Urgent amendment is recommended to ensure effective and equitable application of the law concerning patient consent.