Published: 2020-10-28

A gloss to the Supreme Administrative Court judgement of 17 July 2018 (II GSK 844/18) – approving

Marta Woźniak
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.2183

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

Download files

Citation rules

Woźniak, M. (2020). A gloss to the Supreme Administrative Court judgement of 17 July 2018 (II GSK 844/18) – approving. The Opole Studies in Administration and Law, 18(2), 109–116. https://doi.org/10.25167/osap.2183

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.