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- A doctor must inform a patient in an appropriate manner about the nature of the illness and about the necessary procedures in such a way that the patient can become an active participant during the provision of medical care. Examinations and treatments are implemented with the consent of the patient or if such consent can be presumed.
- A physician has to inform the patient “in an appropriate way” about the character of the disease and the necessary treatment. There is no specific disposition regarding the information on the risks of a diagnostic or therapeutic procedure.
The attending physician must inform the patient appropriately and comprehensibly of his state of health and the essential medical procedures. The information is always given prior to the start of giving health care, as well as prior to a specific therapeutic or diagnostic step ("therapy"), and in the course of giving healthcare. Information must be given in a clear manner that the patient understands and so can consider the need for and purpose of the intended therapy and the ensuing risks, including discomfort, pain and other restrictions associated with the therapy, freely and without pressure.
Such information will primarily contain:
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appropriate, truthful and comprehensibly formulated information on the diagnosis and character of the illness and its presumed development (prognosis),
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information on the therapeutic plan, procedures in the therapy and therapeutic rehabilitation; if there is a choice of several diagnostic care procedures or therapies, the patient must be informed of all the procedures, their appropriateness, advantages and risks; concurrently the attending physician will recommend the therapy, and potentially spa care, he/she deems best for the patient,
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information on potential risks of therapy and individual therapeutic or diagnostic acts,
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information on the expected benefit of the therapy and individual therapeutic or diagnostic treatment, and possibly on the consequences of non-treatment
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informing the patient of the right to make a free decision on further proposed healthcare procedures unless this law or special legal regulations completely rule this out.
The patient must also have an opportunity to ask supplementary questions and the attending physician must respond.
- Only in special cases written informed consent is required. This is in particular the case for the following interventions:
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Medical research
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Medical interventions that are not in the direct interest of the person concerned
- Next to express consent (that can be either orally or written) also implied (also called non-verbal) consent is possible. An implied manifestation of will is any manifestation of will actually taking place, not necessarily expressed, but which does not invite doubt as to what the party intended. A presumed act is an act where it is unclear whether it actually happened, but law in its artificial construction creates a presumption based on stipulated conditions that it did take place.
- Without the consent of the patient, it is possible to examine him or her and begin therapeutic procedures and, if necessary, given the nature of the illness, to admit the patient to hospital, but only in the cases defined in article 23 of the Health Care Act of 1966.
- If a patient refuses necessary care, in spite of the appropriate information about his health condition, an attending physician will ask him for a written confirmation of this refusal. No form is prescribed for the withdrawal of consent: it can be withdrawn at any time in any form.
- Czech law does not provide for a fixed age of “medical majority”. The Civil Code majority is acquired by achieving the age of 18. If a minor cannot be considered as competent, consent has to be given by his parent(s). In such a case the right to information is delegated to the parent(s). If a parent or guardian refuses to give consent for an intervention that is considered necessary to save a child’s life or health, the attending physician may nevertheless proceed with the intervention.
If individuals are not capable to legal acts, they shall be represented by their legal representatives”. If an examination or operation is necessary for the saving of a legally disabled person’s life or health and a guardian refuses to agree with it, an attending physician has the right to decide on it by himself.
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