On how the legislator includes close relations in Polish medical law

Abstract

            Individuals remain in a variety of relationships throughout their lives, some of them giving special value by calling them close ones. What constitutes closeness in an individual experience difficult to put into a uniform scheme - the personal feeling of bonds formed in specific relationships is decisive here. Staying in positive close relationships can significantly affect the quality of life of individuals, the level of perceived happiness and health. On the other hand, close ones can influence the decisions made by the patient - convincing with good intentions, but also manipulating and forcing to behave in certain way. When an individual becomes a patient, (as a rule) he or she remains in these various relationships. Relationality, as a rule, triggers in individuals the need to surround their close ones with care and support, but also themutual need for the presence and information about the patient's health. It is an easy task for medical staff to maintain the boundaries between care and interference of close person’s of patients. Individuals know best who is close to them and who they need when they become patients. However, it is not always that simple- the patient may be unconscious or have difficult contact with him. Then, a very wide catalog of relatives recognized as such by the legislator (e.g. the spouse's grandparents, grandchildren's spouses, in-laws) is entitled to information on the patient's health condition. The legislator gave closeness a specific meaning, e.g. within the legal definition of a "close person" in the Act on Patient Rights and Patient's Rights Ombudsman and another legal acts in the field of medical law. Interestingly, under other European legislation, legal definitions of "close person" or "family" are not used for the purposes of legal acts in the field of medical law (e.g. Spain, Czech Republic, Germany). The catalog of relatives distinguished by the Polish legislator raises a number of legal and ethical doubts - due to its structure, scope and practical usefulness. If closeness is a value worth realizing in the treatment process, then what vision is to be adopted - static, created in isolation from the social context to which it relates, or dynamic, allowing to establish specific relationships from the perspective of actually existing relationships? Determining who is close to the patient is of great practical importance - for the patient, respect for his autonomy and also for the medical staff. The article presents a critical reflection on the importance of closeness in medical law, in particular on who is considered to be close and what rights are associated with closeness. It should be considered whether the definition of closeness is necessary on the basis of polish medical law, and whether such a normative approach to closeness translates into effective support for the patient and people who are actually close to him.