Rights of Patients Incapable of Expressing Their Will in the ICU Setting

Abstract

The purpose of the study: to assess legally justified measures concerning the rights of a patient with life-threatening conditions.

Materials and methods. Federal Law N 323-FZ «On The Fundamentals of Health Protection in the Russian Federation» as of 11/21/2011 and a number of current normative legal acts (NLA) regulating patient's rights were analyzed including those related to the ICU setting.

Results. It has been determined that the state of health of a patient who is being treated in the intensive care unit of a healthcare institution involves restriction of some of his rights. We found out that the existing restrictive measures related to the patient's rights under life-threatening conditions are established in order to ensure timely medical care in cases, when the result of activities undertaken depends on the time of its delivery.

Conclusion. The current legislation of the Russian Federation provided further guarantees for patients in the intensive care units, namely, the terms for the admission of relatives, lawyers, and clergymen. However, further mechanisms to implement the rights of patients in cases when they are unconscious or their will can be misinterpreted are required.