Patient Rights – NOWA Sp. z o.o.
The patient has the right to give consent to the provision of healthcare services. Such consent must be expressed in writing. If consent is given for a surgical procedure or the use of a treatment or diagnostic method involving increased risk to the patient through the Internet Patient Account, the consent must be in documentary form. The rules governing the performance of examinations or the provision of other healthcare services by a doctor, paramedic, or system nurse in the absence of consent or despite an objection are defined in the following acts:
• Articles 33 and 34(6) of the Act of 5 December 1996 on the Professions of Doctor and Dentist;
• Article 11(10a–10c) of the Act of 8 September 2006 on the State Emergency Medical Services (Journal of Laws 2017, item 2195, and Journal of Laws 2018, items 650 and 1115).
An examination or the provision of healthcare services without the patient’s consent is permissible if the patient requires immediate medical assistance and, due to their state of health or age, cannot give consent, and it is not possible to contact their legal representative or actual guardian.
Medical Experiments and Clinical Trials The patient has the right to consent to participation in a medical experiment after receiving information about its objectives, methods, and conditions, the expected therapeutic or scientific benefits, the risks, and the possibility of withdrawing from the experiment at any stage. If immediate termination of the experiment could endanger the life or health of the participant, the physician is obliged to inform the patient about this risk. The patient has the right to give free and informed consent to participate in a clinical trial after receiving information regarding its purpose, potential risks, inconveniences, and the conditions under which it will be conducted. A participant in a clinical trial may withdraw their consent and discontinue participation at any time. The patient also has the right to object to the posthumous collection of cells, tissues, or organs, and to withdraw such objection at any time.
Medical Documentation
The patient has the right to access their medical documentation concerning their state of health and the healthcare services provided.
Objection to a Medical Opinion or Decision
The patient or their legal representative has the right to file an objection to a medical opinion or decision with the Medical Commission operating under the Patient Rights Ombudsman, if such an opinion or decision affects the patient’s rights or obligations under the law.
General Patient Rights
The patient has the right to indicate a person or institution that the healthcare provider must immediately notify in the event of a deterioration in the patient’s health condition posing a threat to life, or in the event of the patient’s death. The patient has the right to file a complaint:
• against a doctor — with the professional responsibility officer at the relevant regional medical chamber;
• against a nurse or midwife — with the professional responsibility officer at the relevant chamber of nurses and midwives;
• against a laboratory diagnostician — with the disciplinary officer at the National Chamber of Laboratory Diagnosticians;
• with the Patient Rights Ombudsman — in the event of a violation of the patient’s rights.
Legal Basis
The processing and protection of personal data, as well as patient rights, are regulated by the following legal acts:
• The Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483);
• The Act of 6 November 2008 on Patient Rights and the Patient Rights Ombudsman (Journal of Laws 2017, item 1318, as amended);
• The Act of 15 April 2011 on Medical Activity (Journal of Laws 2011, No.112, item 654, as amended);
• The Act of 5 December 1996 on the Professions of Doctor and Dentist (Journal of Laws 2017, item 125, as amended);
• The Act of 15 July 2011 on the Professions of Nurse and Midwife (Journal of Laws 2017, item 123, as amended);
• The Act of 8 September 2006 on State Emergency Medical Services (Journal of Laws 2018, item 1115, as amended);
• The Act of 19 August 1994 on the Protection of Mental Health (Journal of Laws 2017, item 882, as amended).
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