Prawo stwierdzenia zgonu w ratownictwie medycznym – postulaty d e l e g e f e r e n d a

Sebastian Sikorski , M. Florczyk

Abstract

This article contains an analysis of the draft amendment to the Act on Amendment to the State Medical Rescue Act and to Certain Other Acts. The legislator is going to grant the right to pronounce death to rescuers and nurses of the system, who at the same time manage medical rescue basic teams. The legislator simultaneously cancelled specialized medical rescue teams currently having doctor members. According to the authors, such solutions can raise doubts, for some reasons, too. First of all, it should be emphasized that the draft amendments do not bring order into the current legal status, which provides for the rules of pronouncing deaths and issuing medical certifications of death. They do not bring legal order to the legal status, because, according to the draft regulation, rescuers and nurses of the system are authorized to pronounce death and specify the cause of death, but their rights to issue the very medical certifications of death are not specified. As a consequence, doubts raising in practice will remain as to who is competent to pronounce death and to issue the medical death certificate in the event when the medical rescue team has not taken any actions because the patient’s death had occurred before the team arrived. Yet, the fundamental reservations concern the very granting the competence to pronounce death and give the cause of death to rescuers and nurses of the system. This means in practice that only in the event of a “medical action”, deaths will be pronounced (in addition, solely) by individuals having exactly these medical occupations, because, as mentioned above, the draft solutions cancel specialized medical rescue teams with doctor members. As a consequence, in all other events, except for a “medical action”, it means, for example, death in a hospital, doctors will be still solely authorized to do these acts. It is hard to find any arguments for such solution. The diversification of the very qualifications the rescuers currently have should be also taken into account. The authors of this article advance a thesis that doctors should retain their sole competence to pronounce deaths. The authors stress also that these issues should be regulated comprehensively, introducing an institution of the so called coroner and specifying clearly, which doctor and in what situation is obliged to pronounce death and issue a medical certification of death. It is also essential to provide for the rules of financing these acts. Moreover, it is suggested in the article to maintain specialized medical rescue teams, modifying however their current function to be a special hybrid of two rescue models currently operating worldwide, meaning the Anglo- American model and the French-German one.
Author Sebastian Sikorski (FASS / DLA)
Sebastian Sikorski,,
- Department of Law and Administration
, M. Florczyk
M. Florczyk,,
-
Journal seriesCasus, ISSN 1427-2385, (B 6 pkt)
Issue year2018
No88
Pages25-30
Publication size in sheets0.5
Keywords in Polishstwierdzanie zgonu, karta zgonu, zespoły ratownictwa medycznego
Keywords in Englishpronouncing death, medical certification of death, medical rescue teams
Languagepl polski
Score (nominal)6
ScoreMinisterial score = 6.0, 11-04-2018, ArticleFromJournal
Ministerial score (2013-2016) = 6.0, 11-04-2018, ArticleFromJournal
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