Limitation of patients’ rights during the COVID-19 pandemic in Poland

Background: The COVID-19 pandemic has had an impact on the observance and limitation of patients’ rights all over the world, including Poland. Material and methods: We analysed in detail the Polish legal acts relevant to healthcare in terms of their impact on the patients’ rights. Our analysis is based on the Bill of Patients’ Rights that was in force in Poland before the announcement of the state of epidemic (March 20th 2020). The legal acts were analysed by use of the exegesis of legal texts and comparative legal literature rules. Results: The patients’ right to family life and presence of relatives during the performance of healthcare services and to additional nursing care has been directly limited. Rights that have been limited indirectly include the right to healthcare services (limited by the use of telemedicine) and the right to dignified death and pastoral care (patients often die alone). The limitations also have an indirect impact on the right to confidentiality and respect for privacy and dignity. Conclusions: Our analysis identified limited patients’ rights in Poland without entitlement to pursue claims thereunder.