LESSSON 2: PATIENT'S RIGHTS Flashcards
what is just reasonable, what is due,
what is ought to be
RIGHTS
a moral power or claim to do, to
possess or receive from others as
belonging or due to a moral agent.
- moral claim
RIGHTS
rights of health seekers to
fundamental goods or needs that
contribute to their health or wellbeing
PATIENT’S RIGHTS
claims that patients may demand in
order to promote the natural striving
advancement to health for as long
as they are essentially life saving
PATIENT’S RIGHTS
- an entitlement to one’s humanity
rather than it being a privileges - borne out one’s natural striving to
enjoy health
PATIENT’S RIGHTS
Patient’s Rights can be exercised on patients behalf
by a designated surrogate or proxy decision-making if:
the patient lacks decision making capacity
legally incompetent
a minor
w/o any discrimination and within
the limits of the resources,
manpower, and competence
available for health and medical
care at the relevant time.
Right to appropriate medical care
and humane treatment.
appropriate health and medical care
of good quality.
Right to appropriate medical care
and humane treatment.
If immediate treatment cannot be
given:
patient needs to be referred
or sent for treatment elsewhere,
where the appropriate care can be
provided.
No deposit, pledge, mortgage or any
form of advance payment for
treatment during emergency
situations:
(can write promissory
notes)
making the Right and Good medical decision
Clinical Bioethics
satisfies appropriate medical standards (laws and policies)
Right medical decision
satisfies appropriate ethical standards (values of patient)
Good Medical decision
Right to clear, truthful, and substantial
explanation, in a manner and language
understandable to the patient
ONLY the attending Physician can obtain
Right to Informed Consent
components of informed consent
a. proposed procedure, whether diagnostic, preventive, curative, rehabilitative or therapeutic.
b. person who will perform said procedure shall provide his name and credentials to the patient.
c. possibilities to any risk of morality or
side effects
d. problems related to recuperation, and probability of success and reasonable risks involved.
Key Aspects of Informed Consent (N A R O)
● Nature of treatment
● Alternatives
● Risks Benefits
● Opportunity for questions
Patient will not be subject to any procedure
without his written informed consent except:
- in emergency cases, patient is imminent risk of physical injury, decline of death if treatment is withheld or postponed
- health of population is dependent on the adoption of mass health program to control epidemics
- law makes it compulsory for everyone to submit a procedure
- when patient is either a minor or legally incompetent
- disclosure material information to patient will jeopardize success of treatment in which case third party disclosure and consent shall be in order
- patient waives his right in writing
In case the patient is incapable of giving consent and third party consent is required: order of priority
i. spouse
ii. son or daughter of legal age
iii. either parent
iv. brother or sister of legal age
v. guardian
freedom from unwarranted public exposure
Right to privacy and confidentiality
freedom from unwarranted public exposure EXCEPT:
a. mental/physical condition is in controversy and the appropriate court, in its discretion, order him to submit to a physical or mental examination by a physician
b. public health and safety so demand.
c. patient waives this right in writing.
d. when needed for continued medical treatment or advancement of medical science
- result of evaluation of the nature and extent of his/her disease
- The patient is entitled to a brief,
written summary of the the course of
his/her illness (clinical abstract)
Right to Information
Patient must be informed about:
-any other additional or further contemplated medical treatment on surgical procedure.
-including any other additional medicines to be administered and their generic counterpart including
the possible complications and other pertinent facts.
- Statistics of studies regarding his/her illness
Freedom to choose health care provider to serve him as well as facility, except when he is under care of a service facility or when the public health and safety so demands or when the patient expressly waives this right in writing.
Right to choose Health Care Provider and Facility
Right to discuss his condition with a consultant specialist at the patients request and expense
- Seek second and so on opinions if appropriate from another health care provider
Right to choose Health Care Provider and Facility