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The limits of self-sacrifice by medical professionals
https://doi.org/10.48269/2451-0807-sp-2025-1-07
Abstract
Occupational exposure is directly related to the right of people performing medical professions to refuse to perform dangerous work. There is a formal connection here, in accordance with the principle of detail, with the regulations of the acts concerning individual medical professions.
The problem lies in the scope of excluding the right to refuse to perform dangerous work of medical personnel, i.e. in such occupational exposure, in conditions of which one already risks one's own life and health, 'sacrificing' oneself, despite the fact that the obligation to save the patient's life may still seem relevant even in conditions that violate basic occupational health and safety regulations and principles.
The interpretation of the case law, as well as the doctrinal interpretation, tends to relativize the obligation to save the life and health of another person (patient) in a situation of direct, imminent threat to the life and health of a person performing a medical profession. This is correct reasoning, although at the same time it requires the development of directional procedures, assessment methods or specific guidelines.
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Vol. 36 No. 1 (2025)
Published: 2025-06-26
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.