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. THE REQUIREMENT OF OBTAINING INFORMED CONSENT FOR TREATMENT One of the conditions of the legality of a therapeutic procedure is that it is performed with legally effective informed consent given by the patient or the patient`s legally designated representative. This condition is independent of whether the medical intervention has been performed properly from a medical point of view, or otherwise. As stated by the Court of Appeals in Warsaw in the verdict of March 13, 20061, a medical procedure performed without patient`s informed consent is illegal even if performed in compliance with knowledge-based principles. Similar rulings were issued by the Court of Appeals in Lublin, which stated in its verdict of October 2, 20032 that the guilt of a physician performing “an invasive” procedure requiring the patient’s consent can consist of carrying this out inconsistently with the principles of medical practice, or without the patient’s informed consent after providing reliable information about the “technical” aspect of the procedure or its possible risk. The above verdicts show that the physician may be held liable even if the procedure has been performed correctly from the medical point of view yet without legally effective consent. The informed consent requirement results from the right of self-determination (which is currently treated affirmatively), including the right to decide about undergoing treatment. This right of the patient originates from the constitutionally guaranteed protection of private life and the right to decide about one’s private life3. There are numerous medico-legal

Poszerzenie pola operacyjnego ponad zgodę wyrażoną przez pacjenta (tak zwany wyjątek terapeutyczny)