Mental Capacity Act 2005

Among patients rights refers to the rights of patients to healing therapists, particularly to physicians, as well as to social services and other service providers in health care.

Rights

Among the most important rights include:

  • The right to self-determination: The implementation of a medical procedure may be done only with the will of the patient, thus subject to his consent, see informed consent and capacity to consent
  • The right to information about the diagnosis, the expected health development and therapy
  • The right to information about the likely cost of treatment to be given in writing
  • The right to be informed: This is an understandable for the layman explanation of intervention, see medical education. This includes a proper representation of the value and prospects of success and the risks and side effects of the planned medical interventions. It must be informed of the essential facts.
  • The right to accurate medical treatment according to the so-called standard for medical specialists (but not a " guaranteed success " )
  • The right to confidentiality of treatment that the medical and nursing people treat that became known in the treatment and care information and data confidential and not unauthorized third parties disclose ( medical confidentiality, § 203 StGB )
  • The right to documentation, in particular in diagnosis and therapy.
  • The right of access to documents in the patient record.
  • The right to a second opinion from statutory health insurance ( except in special forms of care )
  • The right to free choice of doctor, this includes the right to change doctors ( restricted in special forms of care and dentures )
  • The right to free choice of hospital
  • The right to free health insurance choice within the statutory health insurance

Country comparisons

Germany

The treatment and medical malpractice law in Germany is codified in the Civil Code (BGB ) by the patients' rights law in § § 630a to 630h BGB. A treatment contract arises with the treatment by doctors, dentists or therapists to other health professionals, such as psychotherapists, midwives and physiotherapists.

The practitioner has in many respects on the treatment to inform their risks and consequences to patients and educate. About the estimated cost is to be informed in writing.

Investigations, findings, diagnoses and therapies must be documented. The patient is to provide rapid access to the patient records upon request. He may request copies or electronic copies for a refund.

The patient may require treatment according to the time of treatment existing, generally accepted professional standards (so-called specialist default).

Injured doctor or other Attending his duty of care and thus he commits an error in treatment or is the elucidation defective, the patient by the treating compensation and damages may require. Basically, the patient has to prove the negligence and the causal health damage. In certain cases, however, the burden of proof to him and reliefs benefit Malpractice ( Germany ).

Treatment should in principle only with the consent or - carried the presumed consent of the patient - in emergencies. A place without consent treatment is punishable as assault. For incapacitated patients is basically a legal guardian to be appointed, then the responsibility of the grant of consent. In the presence of a legal guardian, the Enlightenment has to be made to the supervisor.

Patients have the ability to set binding for the case of their consent disability in a written advance directive for the administrator whether they agree in certain, at the time when not yet imminent investigations of their health status, medical treatments or medical interventions or prohibit it. The same bond is also an authorized representative.

In exceptional cases, treatment can occur even against the wishes of the patient when the mentally ill pose a danger to themselves or others and a non-hospital care is not possible. The authorization for compulsory treatment in Germany is regulated in countries laws ( PsychKG ). Another possibility for compulsory treatment is to support law after the law regulating the care legal consent to a medical coercive measure ( compulsory treatment ).

For patients who have statutory health insurance, the health insurance law contains several provisions that are intended to protect the patient. Hospitals must have established a patient-centered complaints management. The health insurance companies have to decide about on claims for benefits within certain time limits. You must help the patient even with treatment failures.

Austria

In Austria there are in each province an independent patient advocacy or patient advocacy, which is available as a service institution for questions and complaints and provides for suspected treatment failure ( eg, malpractice ) legal support. In psychiatric departments concerned, which are housed against their will, one operating on the basis of the Housing Act, patient advocate to represent them in relation to the psychiatric ward and in the process according to the Accommodation Act.

Great Britain

In the UK the law Mental Capacity Act 2005 regulates these issues since April 2007.

Medical diagnosis Voluntary commitment
636092
de