Patient's rights

PATIENT RIGHTS IN RELATION TO TREATMENT

In relation to treatment, in accordance with § 28 of Act No. 372/2011 Coll., on health services, the patient has the right to the provision of healthcare services at an appropriate professional level. In the provision of health services, the patient also has the right to:

• respect, dignified treatment, consideration and respect for privacy in the provision of health services in accordance with the nature of the health services provided
•  choose a provider authorized to provide health services that meet the patient's health needs, and a medical facility, unless this law or other legal regulations say otherwise - the option of choosing a provider and a medical facility does not apply, for example, to a medical emergency service and a provider to which a medical provider emergency services will take over the patient, ordered isolation, quarantine or protective treatment, etc.
• request consultation services from a different provider, or health professional, than the one that provides one with health services; this does not apply to the provision of emergency care or to people serving a detention, prison sentence or protective detention.
• be introduced to the internal regulations of the inpatient or one-day care medical facility
  
  • Furthermore, the continuous presence of a legal representative, or a person designated by a legal representative, a foster parent or another person to whose care the patient was entrusted based on a decision of a court or other authority, if the patient is a minor
  • the continuous presence of a legal representative, or a person designated by a legal representative, if the person is deprived of legal capacity, or a person with limited legal capacity in such a way that they are not competent to assess the provision of health services, or the consequences of their provision
  • the presence of a loved one or a person designated by the patient in accordance with other legal regulations and internal regulations, and if the presence of these people does not disrupt the provision of health services; this does not apply to people in custody, imprisonment or protective detention
• to be informed in advance about the price of provided health services that are not covered or partially covered by public health insurance and about the method of their payment, if their state of health allows it
• know the name, or names, and surnames of health workers and other professional workers directly involved in the provision of health services and people preparing for the performance of a health profession with the provider, who are present during the provision of health services, or perform activities that are part of the teaching
• refuse the presence of people who are not directly involved in the provision of health services and people preparing to perform the profession of a health worker
• přijímat návštěvy ve zdravotnickém zařízení lůžkové nebo jednodenní péče, a to s ohledem na svůj zdravotní stav a v souladu s vnitřním řádem a způsobem, který neporušuje práva ostatních pacientů, pokud tento zákon nebo jiný právní předpis nestanoví jinak
• receive spiritual care and spiritual support from spiritual churches and religious societies registered in the Czech Republic or from people entrusted with performing clerical activities in accordance with the internal regulations and in a manner that does not violate the rights of other patients, and with regard to their health condition , unless another legal regulation stipulates otherwise; the visit of a clergyman cannot be denied to a patient in cases of danger to his life or serious damage to his health, unless another legal regulation stipulates otherwise
•  the provision of health services in the least restrictive environment while ensuring the quality and safety of the provided health services

THE PATIENT'S RIGHT TO INFORMATION ABOUT THE HEALTH CONDITION

The patient has the right to be informed by the provider in a comprehensible manner to a sufficient extent about his health condition and about the proposed individual treatment procedure and all its changes. This means providing data about

• the cause and origin of the disease, if known, its stage and expected development
• the purpose, nature, expected benefit, possible consequences and risks of the offered health services, including individual health services
• other options for providing healthcare services, their suitability, benefits and risks for the patient
• further necessary treatment
• restrictions and recommendations in the lifestyle with regard to health status and possibilities
  
  • to waive submission of information on health status (§ 32 of the Act on Healthcare Services)
  • determine the people to whom information about their state of health is to be provided or who may be informed about their state of health (§ 32 and § 33 of the Act on Health Services), or, on the contrary, pronounce a ban on the provision of information about their state of health to any person pursuant to (§ 33 of the Act on health services)

Information about the patient's state of health is communicated to the patient upon admission to care and thereafter whenever it is expedient with regard to the health services provided or the patient's state of health.

The patient or a person designated by the patient must be allowed to ask additional questions related to their health condition and the offered healthcare services, which must be answered in a comprehensible manner.

The patient can waive the submission of information about their health condition, or they can specify to which person it should be submitted. The record of waiving the submission of information on the health status and the designation of the person to whom the information on the health status is to be submitted is part of the medical documentation maintained about the patient.

FREE AND INFORMED PATIENT CONSENT TO TREATMENT

Healthcare services can only be provided to the patient with their free and informed consent, or if this consent can be assumed. Therefore, the patient must have enough information to be able to decide whether to agree to the offered treatment. Consent to the provision of health services is deemed to be:

• free, if given without any coercion
• informed, if the patient is given information about the patient's state of health and offered health services in accordance with Section 31 of the Act on Health Services before expressing consent; consent is also considered to be informed if the patient waived the provision of information in accordance with § 32 paragraph 1.p

However, despite a proper explanation, the patient may refuse the necessary care - in this case, the attending physician will request a written statement (the so-called revers - its requirements are set out in Decree of the Ministry of Health No. 98/2012 Coll., on medical documentation).

There is no legal regulation specifying how much time the patient should be given to think about it, but in principle it is true that the more demanding the expected procedure, the longer this time should be. In some cases, the patient's or his legal representative's consent to the provision of medical treatment must be in writing (i.e. if the obligation of written consent is stipulated by the Act on Health Services or if, in view of the nature of the medical treatment, written consent was requested by the medical facility). The content requirements of the written consent to the provision of medical treatment are then determined by the decree on medical documentation.

The patient can also withdraw their consent to the provision of healthcare services. The withdrawal of consent is not effective if the performance of a medical procedure has already begun, the interruption of which may cause serious damage to the patient's health or endanger the patient's life.

The patient can also express this consent or disagreement in advance in the event that they would be in such a state of health in which they will not be able to express their consent or disagreement with the provision of healthcare services and the manner in which they are provided - this is the institute of the so-called "previously expressed wish" according to § 36 of the Act on Healthcare Services. Only such previously expressed wish will be respected, which was made on the basis of a written instruction of the patient about the consequences of their decision, by a doctor in the field of general practical medicine with whom the patient is registered, or by another treating doctor in the field of health care with whom the previously expressed wish is related. The previously expressed wish must be in writing, must be accompanied by an officially verified signature of the patient, and its validity is 5 years. Such a previously expressed wish cannot be respected, for example, if it encourages such procedures, the result of which is the active causing of death, or if its fulfillment could endanger other people.

The patient can only be provided with urgent care without their consent, in the event that their state of health does not allow them to express their consent (which does not affect their previously expressed wish), or in the case of treatment of a serious mental disorder, if as a result of its non-treatment, all the likelihood of serious damage to the patient's health. For the same reasons, urgent care can be provided without the consent of the legal representative to a minor patient or a patient deprived of legal capacity, and also if the health services are necessary to save life or prevent serious damage to health, or if such a person is suspected of abuse , abuse or neglect.

PATIENT RIGHTS IN RELATION TO MEDICAL DOCUMENTATION

In relation to medical documentation, the patient also has the right, in accordance with § 65 of Act No. 372/2011 Coll., on health services:

• to provide all information gathered in the medical records kept on their person or in other records relating to their health condition
• inspect the medical documentation in the presence of an employee authorized by the provider
• to obtain extracts or copies of medical documentation. If the patient does not obtain a statement or a copy by their own means on the spot, the provider will obtain a copy of the medical documentation. Extracts or copies of medical documentation will be obtained by the care provider within 30 days of receiving the request. Such a request is submitted to the medical facility that conducts it, preferably in writing. The provider may request payment for the acquisition of statements or copies of medical documentation in an amount that may not exceed the costs associated with their acquisition. The price list for obtaining a statement or a copy of medical documentation must be placed in a place publicly accessible to patients
• determine the person who can view the medical documentation and take extracts or copies thereof. The patient's legal representative can also designate such a person

The attending physician will instruct the patient or the patient's legal representative about the above-mentioned rights.