Documents
Prawa pacjenta
PATIENT RIGHTS
CONSTITUTION
Patient rights stem from the Constitution of the Republic of Poland of April 2, 1997 (Journal of Laws of 1997, No. 78, item 483, as amended).
According to the Constitution, everyone has the right to health protection. Public authorities ensure equal access to healthcare services financed from public funds to all citizens, regardless of their financial situation. Public authorities are obliged to provide special healthcare to children, pregnant women, persons with disabilities, and the elderly. Public authorities are obliged to combat epidemic diseases and prevent negative health effects of environmental degradation. Public authorities support the development of physical culture, especially among children and youth.
ACT ON PATIENT RIGHTS AND THE PATIENT OMBUDSMAN
Patient rights are also regulated by the Act of November 6, 2008, on Patient Rights and the Patient Ombudsman (Journal of Laws of 2020, item 849, as amended).
Important to know!
The head of a healthcare provider or a doctor authorized by them may restrict the exercise of patient rights in the event of an epidemic threat or for the health safety of patients. In the case of the right to contact other persons while using inpatient and 24-hour healthcare services, restrictions may also be imposed due to the organizational capabilities of the facility.
I. Patient Right to Healthcare Services
A patient has the right to healthcare services that meet the requirements of current medical knowledge. In a situation of limited possibilities to provide appropriate healthcare services, the patient has the right to a transparent, objective procedure based on medical criteria for determining the order of access to these services.
A patient has the right to demand that the healthcare professional:
- A doctor seeks the opinion of another doctor or convenes a medical consultation (consilium);
- A nurse (midwife) seeks the opinion of another nurse (midwife).
A doctor may refuse to convene a medical consultation or seek the opinion of another doctor if they consider the patient's request to be groundless. The request and the refusal must be recorded in the medical documentation. These regulations apply to nurses (midwives) regarding seeking the opinion of another nurse (midwife).
Right to Immediate Healthcare; Right to Healthcare Services Related to Childbirth
A patient has the right to the immediate provision of healthcare services in the event of a threat to health or life. In the case of childbirth, the patient has the right to obtain healthcare services related to delivery.
Principles of Providing Healthcare Services
A patient has the right to healthcare services provided with due diligence by healthcare providers under conditions that meet professional and sanitary requirements specified in separate regulations. When providing healthcare services, persons practicing a medical profession are guided by the principles of professional ethics defined by the relevant medical professional self-governments.
II. Patient Right to Information
Right to Information
A patient has the right to information about their state of health.
The patient, including a minor over 16 years of age, or their legal representative, has the right to obtain accessible information from a healthcare professional regarding the patient's health status, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or omission, treatment results, and prognosis, within the scope of services provided by that professional and in accordance with their qualifications.
The patient or their legal representative has the right to consent to providing this information to other persons.
Right Not to Know
A patient has the right to demand that a healthcare professional does not provide them with information about their state of health.
After receiving information, the patient has the right to present their opinion on the matter to the healthcare professional.
Right to Full Information
In the case of an unfavorable prognosis, the patient has the right to demand that the doctor provides information in full scope.
Minor Patient
A minor patient under 16 years of age has the right to obtain information from a healthcare professional in the scope and form necessary for the correct course of the diagnostic or therapeutic process. The patient, including a minor over 16 years of age, or their legal representative, has the right to obtain accessible information from a nurse or midwife about their care and nursing procedures.
Right to Timely Information on Intention to Cease Treatment
The patient, their legal representative, or actual caregiver has the right to sufficiently early information about the doctor's intention to cease treating the patient and for that doctor to indicate the possibility of obtaining healthcare services from another doctor or healthcare provider.
Right to Information About Patient Rights
A patient has the right to information about the patient rights specified in this Act and in separate regulations, taking into account any limitations of these rights specified in those regulations. The healthcare provider shall make this information available in writing by placing it in an accessible place within their premises (this does not apply to individual medical or nursing practices performed exclusively at the place of call).
In the case of a patient unable to move, information is made available in a way that allows them to read it in the room where the patient is staying.
Right to Information on the Type and Scope of Healthcare Services Provided
A patient has the right to information about the type and scope of healthcare services provided by the healthcare provider, including preventive health programs financed from public funds implemented by that entity.
A patient with special needs has the right to receive information in a way that is understandable to them, e.g., using sign language.
For patients with an implanted medical device, the entity that performed the implantation is obliged to provide an implant card with information in Polish and in a form ensuring quick access to this information.
III. Right to Report Adverse Effects of Medicinal Products
Adverse Effects
A patient, their legal representative, or actual caregiver has the right to report an adverse effect of a medicinal product to healthcare professionals, the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products, or the entity responsible for placing the medicinal product on the market.
IV. Patient Right to Confidentiality of Information
Scope of the Right to Confidentiality
A patient has the right to have information related to them, obtained in connection with the practice of a medical profession, kept confidential by healthcare professionals.
Limitations on the Right to Confidentiality
To realize this right, healthcare professionals are obliged to keep patient-related information confidential, particularly concerning the patient's health status.
The duty of confidentiality does not apply when:
- Provisions of separate acts so state;
- Maintaining confidentiality may pose a danger to the life or health of the patient or other persons;
- The patient or their legal representative (e.g., parent) consents to the disclosure of the secret;
- There is a need to transfer necessary information about the patient related to the provision of healthcare services to other healthcare professionals participating in providing those services.
– however, disclosure occurs only to the necessary extent. In the case of disclosure with consent, the patient or representative may specify the scope of disclosure.
Confidentiality after the patient's death: Healthcare professionals are bound by confidentiality even after the patient's death, unless a close relative consents to disclosure. Disclosure is not permitted if another close relative objects or if the patient objected during their lifetime.
V. Patient Right to Consent to Healthcare Services
A patient has the right to give consent for the provision of specific healthcare services or to refuse such consent after receiving information about their health status.
Consent
A patient, including a minor over 16 years of age, has the right to consent to an examination or other healthcare services.
Consent for surgery or methods involving increased risk must be given in writing or in a documented form via the Online Patient Account (IKP).
In emergency cases where a patient requires immediate medical help and cannot give consent due to their health status or age, and there is no possibility of communicating with a representative, medical activities may be performed without consent. Such circumstances must be recorded in the medical documentation.
VI. Right to Respect for Patient Privacy and Dignity
A patient has the right to privacy and dignity, particularly while being provided with healthcare services. The right to dignity also includes the right to die in peace and dignity.
Pain Management
A patient has the right to pain treatment. The healthcare provider is obliged to take actions involving the assessment of pain intensity, treatment of pain, and monitoring the effectiveness of such treatment.
Presence of a Close Person
At the patient's request, a close person may be present during the provision of healthcare services. A healthcare professional may refuse this only in the event of an epidemic threat or for the health safety of the patient.
VII. Patient Right to Medical Documentation
A patient has the right to access medical documentation concerning their health status and the healthcare services provided to them.
Availability of Medical Documentation
The healthcare provider makes medical documentation available to the patient, their legal representative, or a person authorized by the patient. Documentation may be provided:
- For inspection on-site;
- By providing extracts, copies, or printouts;
- Via electronic communication;
- On an electronic data carrier.
The first copy of medical documentation in the requested scope is provided to the patient or their legal representative free of charge.
VIII. Right to Object to a Doctor's Opinion or Finding
A patient or their legal representative may file an objection against a doctor's opinion or finding if it affects the patient's rights or obligations. The objection is filed with the Medical Commission acting under the Patient Ombudsman within 30 days of the issuance of the opinion.
IX. Right to Respect for Private and Family Life
A patient in an inpatient facility has the right to personal, telephone, or mail contact with other persons. They also have the right to additional nursing care (care that does not consist of providing health services).
X. Right to Pastoral Care
A patient in an inpatient facility has the right to pastoral care. In the event of a worsening health condition or threat to life, the facility is obliged to enable the patient to contact a clergyman of their faith.
XI. Right to Store Valuables in Deposit
A patient in an inpatient facility has the right to store valuables in a deposit. The costs of this are borne by the healthcare provider unless separate regulations state otherwise.
Liability for Violation of Patient Rights
In the event of a culpable violation of patient rights, the court may award the injured party an appropriate sum as monetary compensation for the harm suffered, based on the provisions of the Civil Code.
