Rights to care and treatment
Our individual rights and expectations are determined through the law, health professional's codes of practice and from guidelines set from national agencies such as NICE.
Where do my rights come from?
Your legal rights come from law made by parliament or court judgements.
The way you can expect to be treated comes 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.
- Your rights are outlined through guidelines issued by bodies like the National Institute of Health & Clinical Excellence (NICE), about care and treatment.
What rights do I have?
The right to give or withhold consent
You have the right to give or refuse consent to treatment (including life saving treatment) or examination. This is still the case even if the decision is seen as completely irrational by other people. A decision made by an adult who is capable of making that decision cannot be overridden by a doctor unless the patient is detained under the Mental Health Act 1983. However, a doctor may be able to carry out a medical procedure against the wishes of a patient if it is in the best interests of that patient and if the patient lacks the capacity to make a decision regarding treatment.
The right to information
Patients are entitled to clear information given to them in an appropriate language, so that they can make informed decisions about proposed treatments and the alternative options, and potential risks and side effects.
The right to an appropriate standard of care
Health professionals must use reasonable care and skill when treating patients, and patients are entitled to receive care of a standard which a ‘responsible body of medical opinion’ considers to be appropriate to their condition. If this duty of care is breached, the patient may win a negligence claim.
The right to confidentiality
Information about a patient’s diagnosis, condition, prognosis, treatment and other personal matters must be kept confidential by health professionals. Confidential information may only be given to relatives if the patient consents, and should only be given to other people in very limited circumstances. Doctors should also respect your right to a private and family life under the Human Rights Act. Further information is in our page on Confidentiality.
