Does the therapeutic privilege limit the patient's autonomy?

Abstract

In the article entitled “Does the Therapeutic Privilege Reduce Patient Autonomy?” the above-mentioned institution of medical law, which enables the physician to limit the information on the health condition and prognosis provided to the patient in the diagnostic and therapeutic process, was characterized. Due to the fact that the said privilege has its source in Art. 31 Sec. 4 of the Act of December 5, 1996 on the professions of physician and dentist, and its ethical dimension results from Art. 17 of the Code of Physicians’ Ethics, both regulations were subjected to a detailed analysis. The paper also presents selected views of the legal doctrine on the way of understanding "patient autonomy". Using the dogmatic-linguistic method, axiological analysis and teleological analysis, the regulations expressed in Art. 31 Sec. 4 of the Act on Patient Rights and the Patient's Rights Ombudsman and Art. 17 of the Code of Physicians’ Ethics. By focusing not only on de lege lata, but also constructing de lege ferenda postulates, an answer was given to the question in the title of the work. The therapeutic privilege was found to limit the patient's autonomy, but it was legitimate and aimed at protecting the patient's well-being.