The need of a Patient's Rights Act and a proposal for domestic legislation

Abstract

The good health of a population is a pre-requisite to the social well-being and economic functioning of a nation. During the last fifteen years, an increasing number of European Countries have adopted laws or other legal instruments respecting and protecting the rights of patients. International Organisations such as the World Health Organisation and the Council of Europe have also played a crucial role in this process. This reflects the recognition of the dignity and inalienable rights of all users of the healthcare system. Patients' rights issues must be viewed within the context of a changed and changing society. Patients and health professionals are part of this broader society in which a general concern for human rights has arisen. In order to correct the difficulties encountered by patients in healthcare, the health professionals should understand the issues involved in patients' rights. Understanding and being aware of these issues can assist in redefining the relationship between the patient and the healthcare professional, since this relationship is at the core of humanised care. The list of patients' rights is large and sometimes conflicting, however it can be grouped under five headings: right to access quality healthcare, right to information, right to consent, right to confidentiality and privacy and right to access one's medical records. At the same time, special categories of patients like minors and the mentally ill are entitled to special rights. The need of a Patient's Rights Act is to protect the vulnerable position of patients, particularly with regards to healthcare providers and institutions, considering the unequal power relationship, which exists between the latter, and patients. It is needed to regulate the relationship between people who require medical treatment and the members of the medical staff who provide it. The proposed Act establishes the rights of persons who request medical care and has been drafted taking into account internationally recognised patients' rights.