A gloss to the Supreme Administrative Court judgement of 17 July 2018 (II GSK 844/18) – approving
Abstract
The sentence which the gloss refers to presents the breakthrough stance of the Supreme Administrative Court, where it is acknowledged that the decision issued by the Minister of Health, concerning the refusal to refund a medicament containing medical marijuana, infringes on the patient’s rights in the sphere of selection of an effective method of treatment in the situation where conventional methods have proved inefficient. In the opinion of the Court, eventual doubts – with reference to both the interpretation of the
regulations dealing with healthcare and evaluation of the factual state of the case in question – should be settled in favor of protection of life and human health. Treatment with preparations including medical marijuana writes into the current of in dubio pro vita humana.
Keywords:
medical marijuana, Supreme Administrative Court, refunding medications
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