PATIENTS' RIGHTS
1. RESPECT FOR HUMAN DIGNITY
Patients have the right to be treated with respect for human dignity.
This is a fundamental human right that takes on particular importance in the context of illness. It must be respected by all those involved in the care process, both in terms of the technical provision of care and in the reception, guidance and referral of patients, which must be carried out from a humanised perspective, in accordance with ‘leges artis’.
This right also covers the condition of the facilities and equipment, which must provide the comfort and well-being required by the vulnerable situation in which the patient finds themselves.
2. RESPECT FOR CULTURAL, PHILOSOPHICAL AND RELIGIOUS BELIEFS
Patients have the right to have their cultural, philosophical and religious beliefs respected.
Given that each patient is an individual with their own beliefs and cultural and religious values, it is essential that healthcare institutions and providers respect these and ensure they are upheld.
Support from family and friends should be facilitated and encouraged in order to make the patient’s situation less distressing and to facilitate a quicker recovery.
Similarly, the spiritual support required by the patient or, if necessary, by their lawful representative, should be provided in accordance with their beliefs.
This right shall be limited only by insurmountable constraints within the institutions and their organisation, as well as by respect for the rights of other patients.
3. CARE APPROPRIATE TO THE STATE OF HEALTH
Patients have the right to receive care appropriate to their state of health, including preventive, curative, rehabilitative and end-of-life care.
Health services must be accessible to all citizens so as to provide, in a timely manner, care that is technically and scientifically appropriate both for improving the patient’s condition and facilitating their recovery, and for ensuring dignified and humane support in the event of terminal illness.
The determination of the appropriateness and adequacy of care must be guided by scientific criteria and must not result in any form of discrimination.
Existing resources must be placed entirely at the service of the patient and the community, to the extent of their availability.
4. PROVISION OF CONTINUING CARE
Patients are entitled to continuous care.
In the event of illness, all citizens should receive a prompt and efficient response from the various levels of care provision, as part of a continuous care plan, so as to ensure they receive appropriate support until they have fully recovered.
The various levels of care must be coordinated so that there are no gaps in care provision that could cause harm to the patient and their family.
The patient must be informed of the reasons for transfer from one level of care to another, as well as of the guarantee of continuity of care.
In this way, we shall seek to build trust and provide the security necessary for their physical and mental well-being.
The patient and their family must also be provided with information and guidance that is essential to the care the patient must continue to receive at home. Where necessary, home or community care should be made available to them.
5. INFORMATION ON AVAILABLE HEALTH SERVICES
Patients have the right to be informed about the health services available, their scope of practice and levels of care.
Information regarding the network of local, regional and national health services, their scope of practice and levels of care, and the rules governing their organisation and operation, must be made available to the public in order to optimise and facilitate their use.
Healthcare providers at all levels of care must ensure that patients are always provided with the diagnostic and therapeutic information necessary for the continuation of their treatment, so as to avoid subjecting them to further examinations and treatments that are burdensome and costly to the commu
6. PATIENT INFORMATION
Patients have the right to be informed about their health condition.
This information must be provided clearly, always taking into account the patient’s personality, level of education, and clinical and psychological condition.
Specifically, the information must include details regarding the diagnosis (type of illness), the prognosis (progression of the illness), the treatments to be carried out, associated risks and any alternative treatments.
The patient has the right to choose not to be informed of their state of health; this wish must be unequivocally expressed and, if they so wish, they must indicate who should be informed in their place.
7. SECOND OPINION
Patients have the right to seek a second opinion regarding their health condition.
This right, which involves obtaining an opinion from another doctor, enables patients to gather further information about their health condition, allowing them to make a more informed decision about the treatment to be followed.
8. INFORMED CONSENT
The patient has the right to give or withhold their consent prior to any medical procedure or participation in research or clinical teaching.
The patient’s consent is essential before any medical procedure is carried out, provided they have been properly informed.
The patient may, with the exception of certain specific cases, decide freely and in full knowledge of the facts whether to accept or refuse treatment or a procedure, and may also change their mind.
The aim is thus to ensure the right to self-determination, that is, the capacity and autonomy that patients have to make decisions about themselves.
Consent may be presumed in emergency situations and, in the event of incapacity, this right must be exercised by the patient’s legal representative.
9. CONFIDENTIALITY
Patients have the right to confidentiality regarding all clinical information and identifying details relating to them.
The purpose of maintaining the confidentiality of all information relating to a patient is to protect their privacy and personal dignity. However, if the patient gives their explicit consent and there is no unlawful harm to third parties, or if required by law, this information may be used.
It is also within this framework that the obligation of professional secrecy applies, to be observed by all staff working in the health services and involved in the patient’s treatment.
10. ACCESS TO CLINICAL INFORMATION
The patient has the right to access the data recorded in their medical records.
All clinical information and identifying details relating to a patient are contained in their medical records.
The patient has the right to be informed of the data recorded in their medical records; this information must be provided and be clear.
The omission of some of this data is only justifiable if, on reasonable grounds, its disclosure is considered harmful to the patient or if it reveals information about third parties.
11. RESPECT FOR PRIVACY
The patient has the right to privacy in the provision of any and all medical care.
The provision of healthcare must always be carried out with strict respect for the patient, which means that any diagnostic or therapeutic procedure may only be carried out in the presence of professionals essential to its performance, unless the patient consents to or requests the presence of others.
In this context, it is also considered necessary to provide facilities and equipment that ensure the dignity and respect of the individual.
The patient’s private or family life must not be subject to intrusion unless it proves necessary for diagnosis or treatment and the patient gives their consent.
12. SUGGESTIONS AND COMPLAINTS
The patient has the right, either personally or through representative organisations, to make suggestions and complaints.
The patient’s ability to assess the quality of care, either personally or through representative organisations, and to submit suggestions or complaints must be recognised.
To this end, health services provide a patient liaison office and a complaints book.
The information thus obtained must be analysed and form a body of data capable of leading to improvements within the organisation, so as to ensure greater satisfaction among the community in which it operates.
This interaction requires that patients are always informed, in a timely manner, of the follow-up to their suggestions or complaints.
PATIENTS’ DUTIES
1 - Patients have a duty to look after their own health. This means they should strive to ensure a full recovery and also play an active role in promoting their own health and that of the community in which they live.
2 - Patients have a duty to provide healthcare professionals with all the information necessary to obtain a correct diagnosis and appropriate treatment.
3 - Patients have a duty to respect the rights of other patients.
4 - Patients have a duty to cooperate with healthcare professionals, following the advice given to them and freely accepted by them.
5 - The patient has a duty to respect the operating rules of the health services.
6 - The patient has a duty to use health services appropriately and to actively cooperate in reducing unnecessary expenditure.
