Rights to care and treatment
Our individual rights within the UK are determined through the law, health professional's codes of practice and lastly from guidelines set from national agencies such as NICE.
Your rights come from three main sources - firstly, law made by parliament or court judgements. In the UK, we do not yet have an act of parliament setting out patients rights. Secondly from Health professionals’ codes, which lay down the obligations of doctors, nurses and others to their patients. These professional obligations are usually wider than their legal duties. Lastly, your rights are outlined through guidelines issued by bodies like the National Institute of Clinical Excellence (NICE), about care and treatment.
The right to consent
to give or refuse consent to treatment (including life saving treatment) or examination or advice. This is still the case even if the decision is completely irrational. Nor can the decision be overridden by professionals, unless the patient is detained under the Mental Health Act 1983 (but see the section below on mental capacity). Consent is necessary before someone can take part in a clinical trial if they wish to.
The right to information
patients are entitled to understandable information given to them in an appropriate language, so that they can make informed decisions about proposed treatments and the alternative options, potential risks and side effects, including the consequences if refusing treatment. They also have the right to have their questions answered, or to refuse information if they wish.
The right to a duty of care
health professionals must use reasonable care and skill and patients are entitled to receive care of a standard which a ‘responsible body of medical opinion’ considers to be appropriate to their condition (see judgements Bolam 1957 and Bolitho 1996). If the duty of care is breached, the patient may be able to sue for negligence.
The right to confidentiality
information about a client’s diagnosis, condition, prognosis, treatment and other personal matters must be confidential to the health professionals. It may only be given to relatives if the patient consents.
What rights do I have?
Under ‘common law’ or ‘case law’ patients have the following rights;The right to consent
to give or refuse consent to treatment (including life saving treatment) or examination or advice. This is still the case even if the decision is completely irrational. Nor can the decision be overridden by professionals, unless the patient is detained under the Mental Health Act 1983 (but see the section below on mental capacity). Consent is necessary before someone can take part in a clinical trial if they wish to.
The right to information
patients are entitled to understandable information given to them in an appropriate language, so that they can make informed decisions about proposed treatments and the alternative options, potential risks and side effects, including the consequences if refusing treatment. They also have the right to have their questions answered, or to refuse information if they wish.
The right to a duty of care
health professionals must use reasonable care and skill and patients are entitled to receive care of a standard which a ‘responsible body of medical opinion’ considers to be appropriate to their condition (see judgements Bolam 1957 and Bolitho 1996). If the duty of care is breached, the patient may be able to sue for negligence.
The right to confidentiality
information about a client’s diagnosis, condition, prognosis, treatment and other personal matters must be confidential to the health professionals. It may only be given to relatives if the patient consents.
