There are unique situations in professional life of a docctor /hospital administrators, when they are not able to provide relief to patients due to limitation of law and/or complexity of law, they are referrieng or advising patient party to approach the Court for appropriate relief.
In a recent case of MTP beyond 24 weeks, hospital referred case to the Court for permission.
هدا الأمر يرجع لقانون كل دولة فمثلا في بعض الدول تجد ان الطبيب يتقيد بموافقة المريض او المسؤول عنه من أفراد عائلته
The answer to this question depends on the law of the place where the medical treatment is being given. In Israel, the hospital can ask a family member to apply to the Family Court for appointment of a guardian. If no such family member is available or willing, then the hospital can apply to the Legal Adviser of the Welfare Ministry, who can make an application to the Court. The Court will receive medical documents about the patient's condition which, in the view of the hospital, requires intervention; the opinion of a psychiatrist or gerontologist about the cognitive state of the patient; a social worker's report about the family situation; and the response of the Legal Adviser. Unless there is a consensus about the need for intervention , including the consent of the patient or if the patient is clearly unable to express a view (e.g. comatose, or a baby), the Court will then hear all concerned including the patient (where there is no alternative, the Judge will conduct the hearing in the hospital) and make a decision as to the appointment of a guardian, who will be authorised to give or refuse consent.
القاعدة ان المستشفى لاتطلب الاحالة الى المحكمة غير انه في احيان كثيرة يكون هناك استثناء كحالة المريض بمرض الموت والذي يكون تحت عناية مركزة لمدة طويله وليس له وصي او قيم ، فيمكن للمستشفى ان تطلب اذن التصرف من المحكمة . وهذا يختلف من بلد الى اخر .
Based on the Romanian laws... real ones... the doctors don't even care about the pacients good health, unless he is additionally payed. And even then ... it is not in their real interest to cure the pacients.
They have all the legal instruments to make everything possible in order to keep the pacients safe. Of course if they get additional "little" payments :)
And, of course, all doctors in all hospitals won't sign anything to make things better for the pacients, unless there is a benefit for them.
That is the reality!
Now, as hypothesis in Romania, if the doctor or the hospital may offer something better for the pacients, the law should force them at least to tell the pacients (any of them) about the limits they reached, and explain them that a Court cannot help as it should, just because the Court cannot offer support for medical cases, or the Court verdict will come after the pacient death.
So, the best doctor in Romania remains the plane to other countries.
In the Kenyan context, the structure of the Law seems to have predetermined legal positioning of the Doctor to be defense and patient to be claimant in all encounters of the parties. Hence it is very unlikely for the doctor of hospital to be presented with Locus in such situations.
However on anticipatory circumstances, where the doctor or hospital are faced with a situation, they may approach the court for directions.
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