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1

Przeszczepianie komórek krwiotwórczych krwi obwodowej — aspekty prawne

100%
Zoń K. M.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2015
|
vol. 17
197 - 210
EN
The increasingly widespread use of stem cells within medicine for the treatment of many diseases required that the legal aspects of this issue should be analysed. The normative basis for considerations regarding the above topic is the Act of 1 July 2005 on the procurement, storage and transplant of cells, tissues and organs. In this context it is important to highlight the specific legal regime of stem cell transplantation, the most common source of which is peripheral blood. The above thesis is reflected inter alia in unrestricted living donor circle. Thus, there is no requirement to obtain consent of the regional court for transplantation, when the donor is not a relative (consanguinity) sibling, adoptee or spouse of the recipient. The donors could be also entities under special protection as minors or pregnant women (after fulfiling the additional statutory requirement). The special legal regime is also reflected in one other aspect, i.e. in the procedure to express consent by donor and recipient. The above consent does not need to include determined recipient or an acceptance of the transplant from specified donor, respectively. In light of the foregoing, it should be stressed that the legal regime of an ex vivo transplantation involves fewer stringent and rigorous conditions for its admissibility when the subject of transplantation are peripheral blood stem cells. In this respect the medical determinants related to peripheral blood stem cells as ability to regeneration, a lower level of risk and smaller effects for the donor’s health and life are directly reflected in legal regulations. In the available literature, there is proposed a view that the right to periodic examination should be introduced also for peripheral blood stem cell donors.
2

Sposób zachowania się pacjenta jako przyczyna uzasadniająca realizację prawa lekarza do odmowy leczenia

100%
Zoń K. M.
Prawo
|
2016
|
issue 320
177-188
EN
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.
3
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Prawne aspekty zgody na pobranie krwi

100%
Zoń K. M.
Ogrody Nauk i Sztuk
|
2012
|
issue 2
EN
Blood taking is a medical procedure which requires a valid consent from patients. This problem may be considered in terms of many different aspects. The statement that the circumstances and aims of this medical procedure exert an influence on law serves as a good starting point. Blood donation is regulated by different rules than blood sampling. Moreover, yet another principles are applied when HIV test is performed. Additionally, blood taking is regulated in civil proceedings. To sum up, in each case a consent of blood taking is a necessary, yet not an exclusive component. It, however, ascertains that medical procedures are followed according to the law. In that way, the legislator protects patients’ fundamental rights.
4

Differentiation between employees based on genetic heritage in Polish law

100%
Zoń K. M.
Prawo
|
2013
|
issue 315/1
EN
This study focuses on the problem of the possibility of discrimination against employees or future employees based on their genetic heritage. This issue is related to the dynamic development of modern genetics the effects of which are perceptible in labor relations. At the beginning of above considerations is the relationship between the scope of personal data which employer may demand to provide (Article 221 of the Labor Code) and employee’s genetic data. In this context admissibility of carrying out genetic tests in employment should be taken into consideration. The most significant in this respect is the principle of equal treatment of employees (Article 183a of the Labor Code). According to the above-mentioned provision, employees should be treated equally in relation to each aspect of the employment relationship. Catalogue of prohibited discrimination criteria contains a phrase “in particular.” Therefore, it may include other prohibited grounds for discrimination, such as genetic heritage. This thesis finds support in rules of international law which set standards in this area. To sum up, genetic heritage is not an acceptable criterion of differentiation between employees. Current regulations of Polish labor law may be insufficient when confronted with new medical technologies and may need an improvement in this respect.
5
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Kilka uwag o obowiązku udzielania przez lekarza podstawowej opieki zdrowotnej świadczeń poza zakresem swojej specjalizacji

100%
Zoń K. M.
Przegląd Prawa i Administracji
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2016
|
vol. 107
375-387
EN
First it should be pointed out that a doctor has a duty to provide health services within the scope of his/her specialization. This basic rule arises from both statutory and deontological regulations. The aim of this paper is to analyze the issue of a primary care doctor duty to provide health services outside the scope of his/her specialization as an exception to the above rule. In this respect it is very significant to explain the statutory and deontological regulations related to this topic, because it is necessary for further considerations. Then the exceptions to the rule are discussed. In this context the specific duty to provide health services outside the scope of specialization, concerning a primary care doctor should be highlighted. In the end the conclusions of the analysis are presented.
6

Granice dopuszczalności przeprowadzania testów genetycznych w celach medycznych u osób małoletnich. Rozważania na tle Europejskiej Konwencji Bioetycznej

100%
Zoń K. M.
Prawo
|
2014
|
issue 316/1
205 - 219
EN
The present study concerns the problem which is related to the inherent conflict between the protection of human rights and the possibilities offered by modern medical technology. Moreover, such specific topic as genetic tests is analyzed in relation to the particular entity like minors. The attempt at solving the above issue is Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine and Additional Protocol concerning Genetic Testing for Health Purposes. In accordance with the above-mentioned provision, minors require more intensive protection because of their incapacity to form legal situation by themselves. The most essential is general principle established significantly restriction in the possibility of genetic tests. All strictly formulated terms required cumulative fulfilment. This special regulation ensure in appropriate way respect for the rights and interests of minors To sum up, carrying out genetic tests for health purposes on minors are permitted exceptionally. The above thesis finds support in rules of international law which set standards in this area.
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