Download Charter of Patients` Rights

Charter of Patients’ Rights
Pursuant to the Constitution of the Republic of Poland (Journal of Laws of the
Republic of Poland of 1997 No. 78, pos. 483 as amended [Dz.U z 1997 Nr 78, poz. 483
ze zm.])
1. Everyone shall have the right to have his health protected – Article 68 par. 1 of the
Constitution,
2. Equal access to health care services, financed from public funds, shall be ensured to
citizens by public authorities. The conditions for and scope of the provision of
services shall be established by the statute – Article 68 par. 2.
Pursuant to the Act on Patients’ Rights and the Commissioner for Patients’ Rights of
6 November 2008 (i.e. Journal of Laws of the Republic of Poland of 2012 pos. 159 as
amended (Dz. U. z 2012 roku poz. 159 ze zmianami]):
A. Right to health services.
1. Patients are entitled to health services meeting the requirements of current medical
knowledge (Article 6 par. 1),
2. In the event of limited access to appropriate health services, patients are entitled to
transparent, objective and medically-based management of patient waiting list
(Article 6 par. 2),
3. A patient is entitled to request the doctor rendering health services to the patient
(Article 6 par. 3) to seek a second opinion or convene a medical case conference;
however, the doctor may decline to seek a second opinion or convene a medical
case conference if the doctor deems the request groundless (Article 6 par. 4),
4. Patients are entitled to immediate health services on the account of a threat to life or
health. (Article 7 par. 1),
5. Patients are entitled to health services rendered by health care providers with due
care as well as in conditions meeting the applicable professional and sanitary
standards stipulated in separate regulations. Health care professionals rendering
health services to patients act governed by the rules of professional conduct laid
down by the appropriate self-governing bodies of medical professions (Article 8).
6. In the event of:
- an infection, injury or health disturbance – patients may apply to ascertain
a medical event,
- the death of a patient – the application to ascertain a medical event may be lodged
by the heirs of the patient (Article 67 b).
B. Right to consent for receiving health services, including the right of a minor to
consent
7. Patients are entitled to consent for or decline receiving particular health services,
having been informed as stipulated in Article 9 of the Act (Article 16),
8. Patients, including minors over 16, are entitled to consent for undergoing an
examination or receiving other health services from a doctor (Article 17 par. 1),
9. The statutory representative of a minor patient, totally incapacitated patient or patient
incapable to consciously give the consent is entitled to give the consent mentioned in
Article 17 par. 1. In the absence of the statutory representative, this right, with regard
to examinations, may be exercised by a de facto caregiver (Article17 par. 2),
10. Minor patients over 16, incapacitated patients as well as patients mentally ill or
retarded but having sufficient discernment are entitled to object to receiving a health
service even if the statutory representative or de facto caregiver has consented
therefor. In that case, the permission of family court is necessary (Article 17 par. 3),
11. The consent or objection referred to in Article 17 may be expressed orally or by such
behaviour of the persons referred to therein which undoubtedly indicates their will to
undergo activities proposed by the doctor or lack thereof (Article 17 par. 4).
12. In the case of a surgery or therapeutic or diagnostic method carrying an increased
risk for the patient, the consent referred to in Article 17 par. 1 shall be given in writing.
For giving the consent or objection Article 17 par. 2 and 3 shall apply (Article 18
par. 1),
13. Prior to giving consent for a surgery or therapeutic or diagnostic method carrying an
increased risk for the patient, the patient is entitled to receive information referred to
in Article 9 par. 2. (Article 18 par. 2),
14. The rules for conducting an examination or rendering other health services by
a doctor despite the lack of consent or in the event of the expressed objection
referred to in Articles 17 and 18 are stipulated in Article 33 and Article 34 par. 6 of the
Act on the Professions of Doctor and Dentist of 5 December 1996 (Article19).
C. Right to information
15. Patients are entitled to have access to the information on patients’ rights (Article11),
16. Patients are entitled to be informed of their health (Article 9 par. 1),
17. Patients are entitled to be informed comprehensibly by the doctor of their health,
diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable
sequelae of their application or abstainment therefrom, the results of the treatment as
well as prognosis (Article 9 par. 2),
18. Patients are entitled to consent for disclosing the information referred to in Article 9
par. 2 to other persons (Article 9 par. 3),
19. Patients may also request the doctor not to be informed of the issues referred to in
Article 9 par. 2 (Article 9 par. 4),
20. Having been informed of their health, patients may present their opinion thereon to
the doctor (Article 9 par. 5),
21. Patients are entitled to be informed by the doctor of the issues referred to in Article 9
par. 2 to the extent and in the form necessary for the correct diagnostic or therapeutic
process (Article 9 par.7),
22. Patients are entitled to be informed by the nurse of their nursing and nursing
procedures (Article 9 par. 8),
23. Patients are entitled to be informed sufficiently early that the doctor intends to
discontinue their treatment and be advised by the doctor of the possibility of receiving
health services from another doctor or health care provider (Article 10),
24. Patients are entitled to be informed of the types and scope of the health services
rendered by the health care provider, including preventive care programmes financed
from public funds implemented by the provider (Article 12).
25. Patients are entitled to have their information obtained in the course of performing
medical profession kept secret by health care professionals – (Article 13). In order to
respect the right referred to in Article 13, health care professionals shall keep secret
all information on patients, in particular on their health (Article 14 par. 1). However, it
shall not apply to situation when:
1) it is so stipulated by separate statutes,
2) keeping the information secret may endanger the life or health of the patient or
other persons,
3) the patient consents for disclosing the information,
4) it is essential to pass the necessary information on patients connected with
rendering health services to other health care professionals engaged in
rendering these services,
5) proceedings are pending before a voivodship commission for evaluation of
medical events,
26. Health care professionals, with the exception of cases referred to in Article 14 par. 2
pts 1-3 and par. 2a, are bound to keep the information secret also after the patient’s
death (Article 14 par. 3).
D. Right to respect for the patient’s intimacy and dignity
27. Patients are entitled to have their intimacy and dignity respected, in particular while
receiving health services. It entails also that they are entitled to die with calmness
and dignity. Patients in terminal state are entitled to health services alleviating pain
and other ailments (Article 20 par. 1 and 2),
28. Patients receiving health services may be accompanied by a close person. The
health care professional may refuse to allow for the company of a close person in the
event of probable epidemiological threat or on the account of health safety of the
patient. The refusal shall be recorded in the medical documentation (Article 21 par. 1
and 2).
29. In order to respect the right referred to in Article 20 par. 1, health care professionals
shall act so as to respect the intimacy and dignity of patients (Article 22 par. 1),
30. Health care professionals, other than persons rendering health services, shall
participate in rendering these services only when it is necessary on the account of
the type of services. Participation as well as presence of other persons shall require
the consent of patients and in the case of minor patients, totally incapacitated
patients or patients incapable to consciously give the consent, the consent of their
statutory representatives as well as health care professionals rendering health
services (Article 22 par. 2),
E. Right to access medical documentation
31. Patients are entitled to access the medical documentation pertaining to their health
and received health services. The data included in medical documentation shall be
protected (Article 23 par. 1 and 2),
32. Health care providers disclose medical documentation to the patients or their
statutory representatives, or persons authorised by the patients (Article 26 par. 1),
33. After the patient’s death, the medical documentation may be inspected by the
person authorised by the patient within the patient’s lifetime (Article 26 par. 2),
34. Health care providers may charge a fee for disclosing medical documentation by
making extracts, certified copies or copies thereof (Article 28 par. 1).
F. Right to object to medical opinion or report.
35. Patients or their statutory representatives may object to a medical opinion or report if
the opinion or report affects the rights and obligations of patients stipulated by the
law. The objection shall be lodged to the Medical Board at the Commissioner for
Patients’ Rights within 30 days from the day of issuing the opinion or report. The
objection requires substantiation (Article 31 par. 1 – 3),
G. Right to store valuables in safe deposit
Patients staying at the heath care entity due to receiving 24-hour inpatient health
services are entitled to store their valuables in safe deposit (Article 39).
H. Commissioner for Patients’ Rights
To protect patients’ rights, the Commissioner for Patients’ Rights shall be established
(Article 41).
Pursuant to the Act on the Professions of Doctor and Dentist of 5 December 1996
(Journal of Laws of the Republic of Poland of 2011 No. 277 pos. 1634 as amended
[Dz. U. 2011 r. Nr 277 poz. 1634 ze zmianami]).
36. Patients are entitled to consent in writing (if the consent cannot be granted in writing,
the consent expressed orally in the presence of at least two witnesses shall be
considered equivalent thereto) to participate in a medical experiment, having been
informed beforehand of: the objectives, methods and conditions of performing the
experiment, expected therapeutic or cognitive benefits, risk as well as the right to
withdraw from the experiment at any stage thereof. If the immediate termination of
the experiment may endanger the life or health of the participant, the doctor shall
inform the participant thereof (Articles 24 and 25),
37. Patients are entitled to consent to receive health services from a doctor (Article 32
par. 1),
38. Patients are entitled to consent in writing for a surgery, therapeutic or diagnostic
method carrying an increased risk to patients (Article 34 par. 1),
39. Patients are entitled to have their intimacy and dignity respected by medical
personnel (Article 36 par. 1 and 3),
40. Patients are entitled to have their information obtained in the course of performing
medical profession kept secret with the exceptions referred to in the law (Article 40).
Pursuant to the Act on Medical Activity of 15 April 2011 (Journal of Laws of the
Republic of Poland of 2013 pos. 217 [Dz. U. 2013 poz. 217]):
41. A health care entity may not refuse to render health services to a person which
requires immediately such services on the account of a threat to life or health
(Article15),
42. In the event of deterioration of health of a patient, threatening the patient’s life, the
health care entity shall immediately notify the person indicated by the patient
(Article 28 par. 1 pt 1),
43. Patients are entitled to object in person or through the statutory representative to the
performance of autopsy in health care facilities (Article 31 par. 2).
Pursuant to the Act on the Recovery, Storage and Transplantation of Cells, Tissues
and Organs of 1 July 2005 (i.e. Journal of Laws of the Republic of Poland of 2015
pos. 793 [Dz. U. z 2015 r. poz. 793]):
44. Cells, tissues or organs may be recovered from a person’s cadaver for
transplantation if the deceased person did not objected thereto within the person’s
lifetime (Article 5 par. 1). The objection shall be expressed in the form of (Article 6
par.1):
1) an entry of objection to recover cells, tissues and organs from the person’s
cadaver to the Central Objection Registry;
2) written statement with affixed hand signature of the person;
3) oral statement made in the presence of at least two witnesses, confirmed by these
witnesses in writing,
45. A donor of bone marrow or other regenerating cells and tissues is entitled to use the
title of “Transplant Donor” (Article 22 par. 1),
46. A Transplant Donor who donated bone marrow or other regenerating cells and
tissues more than once and an organ donor are entitled to use the title of
“Distinguished Transplant Donor” (Article 22 par. 3),
47. Transplant Donors and Distinguished Transplant Donors are entitled to priority
outpatient health care (Article 23 par. 1),
48. A donor of bone marrow or peripheral blood hematopoietic cells and an organ donor
who in consequence of the recovery procedure suffered a body injury or health
disturbance is entitled to damages pursuant to the Civil Code (Article 23 par. 2),
Pursuant to the Act of 6 September 2001 - Pharmaceutical Law (Journal of Laws of
the Republic of Poland of 2008 No. 45 pos 271 as amended [Dz. U. z 2008 Nr 45
poz. 271 ze zmianami])
49. A clinical trial subject is entitled to give voluntarily the informed consent to
participate in the clinical trial in writing (if the informed consent cannot be granted in
writing, the consent expressed orally in the presence of at least two witnesses shall
be considered equivalent thereto), having been informed beforehand of the nature,
meaning, implications and risks connected with the clinical trial. The clinical trial
subject may withdraw from the clinical trial at any time, without any harm to such
subject (Article 37 b par. 2 pt 2 and Article 37 f),
Pursuant to the Act on Medical Chambers of 2 December 2009 (i.e. Journal of Laws
of the Republic of Poland of 2015 pos. 651 [Dz.U. z 2015 r. poz. 651])
50. Patients are entitled to lodge a complaint against a doctor or dentist to the screener
for professional liability at the appropriate medical chamber in the event of suspected
conduct against the rules of professional conduct and rules of performing the
profession of doctor (Article 53),
Pursuant to the Act on Laboratory Diagnostics of 27 July 2001 (i.e. Journal of Laws
of the Republic of Poland of 2014 pos. 1384 [Dz.U. z 2014 r. poz. 1384])
51. Patients are entitled to lodge a complaint against a laboratory diagnostician to the
disciplinary officer at the National Chamber of Laboratory Diagnosticians in the event
of suspected conduct against the rules of professional conduct or improper
performance of laboratory diagnostic procedures (Article 56 par. 1).