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Patient's rights in Poland against the background of new regulations
1University Of Lodz, Faculty of Law and Administration, ul. Kopcinskiego 8/12, 90-232 Lodz, Poland. a.rabiega@interia.pl
Abstract:
Patient rights are the specification of general human rights. The rights define the patient position in relation to health institutions or medical professions providing, broadly understood, health services. The protection system of patient rights outlined by international legal and ethical regulations is detailed to specific social, political and economic realities by internal legal systems of individual states. Imperfections of the Polish health care system in relation to achieving adequate protection of patient rights, resulting, inter alia, from the lack of comprehensive regulation of the matter of patient rights, led the legislature to introduce new regulations concerning this aspect to the Polish legal order. The new Act of 6 November 2008 on Patient Rights and the Patient Rights Ombudsman (binding from 5 March 2009) is the first universally binding legal act in the Polish legal system entirely dealing with the matter of patient rights. It regulates the rights of the patient and correlated with them obligations of health care providers (public and non-public) irrespectively of both the legal form providers, as well as the sources of funding of the benefits provided. In particular, the Act states: the patient right to health services, right to obtain information, right to confidentiality of patient-linked information, right to consent to obtain health services, right to respect privacy and dignity of the patients, right to medical records and objecting to the doctor's opinion or decision, right to respect private and family life, right to pastoral care. The new regulations--besides the specification of the catalogue of patient rights--reinforced the institutional protection of patient rights by establishing a new central public administrative body having jurisdiction to protect patient rights--the Patient Rights Ombudsman. Poland, like other European countries, makes an attempt to improve the protection of patient rights. The introduction of the Act entirely devoted to patient rights is undoubtedly an important step towards creating the optimum protection of the patient.
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