Question 107 · LEK · Consent and treatment without consent
A patient diagnosed with a massive cerebrovascular accident is admitted to the Emergency Dept. The communication with the patient is impossible due to severely impaired speech and perception. The physician decides that the patient needs immediate medical assistance. Can he undertake treatment and start the procedures without the patient’s consent?
- A. No, because both the law and the Code of Medical Ethics forbid any kind of medical intervention be undertaken without the patient’s consent.
- B. Yes, because the medical profession act for physicians and dentists permits, by way of exception, that medical intervention be undertaken without the patient’s consent if he needs immediate medical assistance and is unable to make the said consent because of his health condition.
- C. Yes, but only on condition that a judicial approval by the guardianship court has been granted before any procedures are undertaken.
- D. Yes, but he can order only examinations and laboratory tests, and is not allowed to undertake any treatment.
- E. No, because when making such a decision, he risks being accused of unlawfulness.
Hint
Look for the statutory exception to consent for a patient who needs urgent help but cannot express his will.
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