Everyone has gone to the hospital and received treatment at least once in their lives. In recent years, patients have become more conscious and have started to look for rights by legal means and there have been serious increases in the number of cases filed. We also wanted to address to the patient rights which are frequently mentioned in social media. So, what are these patient rights?
The most important right of the patients is the right to request information. The patient is entitled to receive information from the health institution to which he / she is applying, about how and under which conditions he / she will benefit from the health services. The health care provider must inform the patient applying for this right.
Patients also have the right to choose the health institution they want, to benefit from the health service provided in this health facility and to change the health institution. This is a constitutional and personal right. However, if the treatment has been started, the patient will be able to change the health institution where he / she received service according to the referral system determined by the legislation. For such a situation, there should be no medically disadvantage in terms of life-threatening conditions.
If the health care service provided by the health institution is insufficient or limited and the demand for health care service cannot be met immediately, the patient can ask for determination of preferential right. As a matter of fact, according to the Regulation on the Management of Inpatient Treatment Institutions, patients who apply to outpatient clinics are given an order number. The examination is performed accordingly. However, severe, urgent, elderly and patients with disabilities and forensic cases are prioritized and order numbers cannot be considered in such cases.
The patient has the right to request service in compliance with medical requirements for diagnosis, treatment and care.
The patient has the right to get respect for his/her privacy and it is essential respect for the privacy of the patient. In this context, the patient's information cannot be shared with third parties (family members and immediate vicinity) except for emergencies, and the patient's personal and family life should not be interfered unless the nature of the disease requires to do so.
The patient has the right to ask for information in general and has the right to review records and to prohibit information sharing with third parties. Prohibition of giving information includes the first-degree relatives of the patient (such as spouse, mother, father, siblings).
A patient must have the consent to undergo any kind of medical intervention. If the patient is disabled or of young age, the consent of the parent or guardian is required. The exception to this may be as follows: The patient's consent is not sought when there is no parent / guardian of the patient or when the patient is absent or the patient does not have the ability of expressing. For example, a patient who has been seriously injured and became unconscious as a result of an accident may be given medical care without the consent of the patient. Because there is life-critical danger to the patient.
The patient has the right to refuse the treatment applied or to be applied. However, in this case, the results of rejection of the treatment should be explained to the patient very well and the written approval of the patient should be obtained.
In case of violation of the rights of the patient, he/she has the right to complain and sue in both criminal and legal framework. In the event that the patient whose right has been violated is small or disabled, the right to litigation and complaint may be used by the parent or guardian.
Yazar : Gulel Hukuk