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1. The right to informed consent, which is expressly laid down by law, is based in the general and abstract provisions of the Slovenian Constitution that determine the right to personal dignity and the inviolability of the individual’s physical and mental integrity and rights of personality. The fundamental principle is that any medical procedure (treatment, examination) requires the patient’s consent.
2. Legally valid consent can be given after the doctor informs the patient prior to the treatment in an adequate and comprehensible way on the illness or condition, explains the possibilities for treatment, potential dangers and the anticipated success rate. the patient has the right to be informed of his/her medical condition and the likely course and consequences of the illness or injury, on the purpose, type, manner of implementation, likelihood of success and the expected benefits and the outcome of the proposed medical treatment. The doctor must moreover inform the patient on the potential risks, side effects, negative consequences and other inconveniences of the proposed medical treatment, as well as on the consequences of foregoing the treatment. The patient is also entitled to information on potential alternative treatments as well as the procedures and the methods of treatment that are not available in the Republic of Slovenia or do not fall under the scope of the rights from obligatory health insurance.
3. The Act on Patients Rights states that the patient can give his/her consent verbally or by performing an act from which it can be deduced with certainty that it means acquiescence. The consent can also be submitted in writing when determined so by the act. Consent can be given for several individual medical procedures at the same time if they represent a functional whole within the course of treatment. Surgery or other medical treatment, linked to greater risk or strain, require written consent by the patient in a special form. In case the patient is unable to provide the written consent, he/she can also acquiesce verbally in the presence of two witnesses of legal age. This has to be specifically documented in the special form, including the cause of the inability. If the patient consents to the medical procedure, but does not want to provide a written statement of consent, the fact and potential reasons for that must be documented in the form and confirmed by the signature of two witnesses of legal age.
4. The Patients’ Rights Act lays down that in cases where the patient does not have disposing capability, emergency medical treatment is administered without his consent. Non-essential medical treatment can be administered to a patient without his consent, as well as other procedures than operations or medical procedures entailing great risk or strain for the patient can be also carried out without his consent, in cases where the patient does not have disposing capability or when the doctor does not or could not know that the patient or his/her authorised representative is opposed to the treatment, or when consent cannot be obtained in a reasonable time and proceeding with the treatment at this time would be in the best interest of the patient’s health.
5. The patient has a right to freely decide on his physical and mental integrity and his privacy and personality rights. This means that he can freely accept and also refuse medical assistance without specifying a reason. The patient also has the right to withdraw his consent to medical treatment or refuse medical treatment at any time.
6. A patient who is of legal age and has full disposing capacity may assign a competent person who shall be entitled to exercise the right to consent and refusal in his name in the event that he is unable to decide on medical treatment or other rights stemming from this Act. A patient also has the right to decide to exclude persons who would otherwise be entitled to take decisions on treatment on his behalf.
7. Every patient with full disposing capacity has the right to have his will regarding rejection of treatment heeded if he should be in a position where he is incapable of expressing his will for cases where:
- he should suffer from grave illness, which given the ability of modern medicine would lead to death in a short period of time in spite of medical treatment or medical care, or for which treatment or care would not lead to an improvement in health or the alleviation of his/her suffering but rather only to the prolonging of his life;
- his life would be prolonged by medical treatment or care, but he would end up being in a state where, due to the graveness of his disability, he would lose physical and mental ability to take care of himself.
The patient’s previously expressed wishes regarding treatment related to the first case a) is binding for the attending doctor, whereas in the second case b) the patient’s wishes are considered by the doctor as a guide in deciding on the course of procedure.
8. A minor younger than 15 years of age is generally not able to give informed consent, unless the doctor assesses otherwise on the basis of the child’s maturity. In making a decision on a child’s ability to decide on treatment on his own, the doctor should as a rule consult with the child’s parents or legal guardians. But the law also states that a child older than 15 years of age is able to give informed consent, unless his doctor rules otherwise on the basis of the child's maturity. As is the case for granting the right to informed consent to children younger than 15, a doctor should as a rule consult with the child’s parents or legal guardians in making a decision not to grant a child older than 15 the right to decide on treatment on his own.
9. When patients are unable to decide on treatment due to mental health issues or other reasons, the treatment can be carried out only if it is approved by the patient's legal representative. If the patient does not have a legal representative, the institution treating him/her must establish contact with the proper authorities in a bid to name a legal representative. If the doctor concludes that the legal representative is not acting in the best interests of the patient, he informs the body that appointed the legal representative and asks it to ensure proper representation of the patient.
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