Patient’s Right to Healthcare Services

1.

  1. The patient has the right to healthcare services consistent with the requirements of current medical knowledge.
  2. In a situation of limited possibilities to provide appropriate healthcare services, the patient has the right to a transparent and objective procedure, based on medical criteria, determining the order of access to such services. The patient has the right to request that the person providing healthcare services:
    1. the physician obtain the opinion of another physician or convene a medical consultation (case conference),
    2. the nurse/midwife obtain the opinion of another nurse/midwife.
  3. A physician/nurse may refuse to convene a medical consultation or to obtain the opinion of another physician/nurse if they consider the patient’s request to be unfounded.
  4. The patient’s request and any refusal are recorded in the medical documentation.

2.

  1. The patient has the right to immediate healthcare services due to a threat to health or life.
  2. In the case of childbirth, the patient has the right to receive healthcare services related to delivery.

3.

The patient has the right to healthcare services provided with due diligence by healthcare providers, under conditions meeting the professional and sanitary requirements specified in separate regulations. When providing healthcare services, persons performing medical professions follow the principles of professional ethics set out by the relevant professional self-governments of medical professions.

Patient’s Right to Information

4.

  1. The patient has the right to information about patients’ rights. The hospital makes this information available in writing by displaying it on its premises in generally accessible places.
  2. In the case of a patient who is unable to move, information about patients’ rights is made available in a manner that enables the patient to read it in the room where the patient is staying.

6.

  1. The patient has the right to information on the type and scope of healthcare services provided by the Hospital, including preventive health programs financed from public funds, implemented in the Hospital in the manner specified in §6.

Patient’s Right to Confidentiality of Information Related to the Patient

7.

  1. The patient has the right to have information related to them, obtained in connection with the performance of a medical profession, kept confidential by persons performing a medical profession, including those providing healthcare services.

8.

  1. Persons performing a medical profession are obliged to keep confidential information related to the patient, in particular information concerning the patient’s state of health.
  2. The obligation of confidentiality does not apply when:
    • separate statutory provisions so provide,
    • maintaining confidentiality may pose a danger to the life or health of the patient or other persons,
    • the patient or their legal representative consents to disclosure of the confidential information,
    • it is necessary to provide essential information about the patient related to the provision of healthcare services to other persons performing a medical profession who participate in providing those services.
  3. Persons performing a medical profession who provide healthcare services remain bound by confidentiality also after the patient’s death.

Patient’s Right to Consent to Healthcare Services

9.

The patient has the right to consent to specific healthcare services or to refuse such consent, after obtaining information within the scope specified in §4.

§ 11.

  1. A patient, including a minor who is 16 years of age or older, has the right to consent to an examination or other healthcare services provided by a physician.
  2. The legal representative of a minor patient, a person fully incapacitated, or a person unable to consciously express consent has the right to give consent referred to in section 1. In the absence of a legal representative, this right, with respect to an examination, may be exercised by a factual guardian.
  3. A minor patient who is 16 years of age or older, an incapacitated person, or a patient who is mentally ill or intellectually disabled but has sufficient understanding, has the right to object to the provision of a healthcare service despite the consent of the legal representative or factual guardian. In such a case, authorization of the guardianship court is required.
  4. The consent and objection referred to in sections 1–3 may be expressed orally or by such conduct of the persons indicated in these provisions that clearly indicates the will to undergo the actions proposed by the physician or the lack of such will.

10.

In the case of a surgical procedure or the use of a method of treatment or diagnostics creating an increased risk for the patient, consent must be given in writing.

11.

In cases specified in separate regulations, examinations or specific healthcare services may be carried out by a physician without the patient’s consent and despite the patient’s objection (Articles 33 and 34 of the Act of 5 December 1996 on the professions of physician and dentist – Journal of Laws of 2008 No. 136, item 857, as amended).

Right to Respect for the Patient’s Intimacy and Dignity

12.

  1. The patient has the right to respect for their intimacy and dignity, in particular while healthcare services are being provided.
  2. The right to respect for dignity also includes the right to die in peace and dignity. A patient in a terminal condition has the right to healthcare services ensuring the alleviation of pain and other suffering.

13.

  1. A close person may be present during the provision of healthcare services.
  2. A person performing a medical profession who provides healthcare services to the patient may refuse the presence of a close person during the provision of healthcare services in the event of a likelihood of an epidemic threat or due to the patient’s health safety. Such refusal is recorded in the medical documentation.
  3. A person performing a medical profession is obliged to act in a manner ensuring respect for the patient’s intimacy and dignity.
  4. Persons performing a medical profession other than those providing healthcare services participate in providing such services only when it is necessary due to the type of service. Participation, as well as the presence of other persons, requires the patient’s consent; and in the case of a minor patient, a fully incapacitated patient, or a patient unable to consciously express consent, the consent of their legal representative, as well as the consent of the person performing a medical profession who provides the healthcare service.

Patient’s Right to Medical Documentation

14.

The patient has the right to access medical documentation concerning their state of health and the healthcare services provided to them.

15.

  1. The Hospital keeps, stores and makes available medical documentation and ensures protection of the data contained in that documentation.
  2. Physicians, nurses and midwives are entitled to obtain and process data contained in medical documentation.
  3. Medical documentation contains at least the data specified in the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman (Journal of Laws of 2009 No. 52, item 417, as amended).
  4. The Hospital makes medical documentation available to the patient or their legal representative, or to a person authorized by the patient.
  5. After the patient’s death, the right to access medical documentation is held by a person authorized by the patient during their lifetime.
  6. The Hospital also makes medical documentation available to insurance undertakings with the patient’s consent, and to other authorized entities indicated in the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman, without the patient’s consent.

16.

The Hospital makes medical documentation available:

  • for inspection at the Hospital’s premises;
  • by preparing extracts, transcripts or copies;
  • by issuing the original against a receipt and subject to its return after use, if an authorized authority or entity requests access to the originals of such documentation.
  1. For making medical documentation available by preparing extracts, transcripts or copies, the Hospital charges a fee not higher than that specified in the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman.

Patient’s Right to Object to a Physician’s Opinion or Decision

17.

  1. The patient or their legal representative may file an objection to a physician’s opinion or decision referred to in Article 2(1) of the Act of 5 December 1996 on the professions of physician and dentist, if such opinion or decision affects the patient’s rights or obligations arising from legal provisions.
  2. The objection shall be filed with the Medical Commission operating at the Patient Ombudsman, through the Patient Ombudsman, within 30 days from the date the opinion or decision is issued by the physician issuing the opinion/decision on the patient’s health condition.
  3. The objection must include justification, including the indication of the legal provision from which the patient’s rights or obligations arise, otherwise the objection will be returned.

Patient’s Right to Respect for Private and Family Life

18.

  1. A patient in the Hospital has the right to personal, telephone or correspondence contact with other persons.
  2. The patient has the right to refuse contact with persons from outside the Hospital.
  3. The patient has the right to additional nursing care.
  4. “Additional nursing care” means care that does not consist in providing healthcare services, including care provided to a patient during pregnancy, childbirth and the postpartum period.
  5. The patient bears the costs of exercising the rights to additional nursing care and to telephone or correspondence contact with other persons if exercising these rights results in costs incurred by the Hospital.
  6. The amount of the fee compensating the costs is determined by the Hospital Director, taking into account the actual costs of exercising the rights.
  7. Information on the amount of the fee and the method of its determination is public and is made available in the Hospital.

Patient’s Right to Pastoral Care

19.

A Hospital patient has the right to pastoral care. In the event of deterioration of health or a threat to life, the Hospital is obliged to enable the patient to contact a minister of their faith.

Patient’s Right to Deposit Valuables

20.

A patient in the Hospital has the right to deposit valuables with the Hospital. The costs of exercising this right are borne by the Hospital, unless separate provisions provide otherwise.

Rights of a Patient with Mental Disorders

21.

A patient with mental disorders, a mentally ill patient or an intellectually disabled patient has the right to:

  • free healthcare services provided by the Hospital;
  • free medicines and medical devices as well as accommodation and meals if staying in a psychiatric ward;
  • methods of treatment appropriate not only in view of health goals, but also taking into account the patient’s interests, other personal rights and aspirations, and to pursue improvement of health in the least burdensome manner;
  • unrestricted communication with family and other persons when staying in a psychiatric ward;
  • applying for periodic stays outside the Hospital without discharge from the Hospital;
  • being informed in advance of the intention to apply direct coercion; application of such a measure must be provided for by law;
  • being informed in advance of the intention to conduct a psychiatric examination without their consent and being provided with reasons for such a decision; such an examination may be conducted if the patient’s behavior indicates that, due to mental disorders, they may pose a direct threat to their own life or to the health of other persons, or are unable to satisfy basic life needs;
  • consenting or refusing admission to a psychiatric ward, except where statutory provisions allow admission without the patient’s consent;
  • being informed and having explained by a physician the reason for admission to a psychiatric ward when they did not consent, and receiving information about their rights in such a situation;
  • withdrawing previously given consent for admission to a psychiatric ward;
  • necessary therapeutic activities aimed at removing the reasons for admission without consent and being informed about the planned treatment course;
  • discharge from a psychiatric ward if staying there without consent when the reasons for admission and stay without consent have ceased;
  • remaining in the Hospital if staying there without consent, upon later expressed consent, if in the physician’s assessment further stay is purposeful;
  • submitting, in any form, a request for discharge from a psychiatric ward;
  • applying to the guardianship court for an order to discharge from a psychiatric ward after receiving a refusal to discharge upon request;
  • information on the date and method of submitting an application to the guardianship court;
  • submitting an application to appoint a curator if, while staying in a psychiatric ward, they need assistance in managing all their affairs or affairs of a certain type.

Special Patient Rights in the Collection and Transplantation of Cells, Tissues and Organs

22.

The patient has the right to:

  • express and withdraw at any time an objection to the collection after their death of cells, tissues and organs;
  • voluntarily express consent before a physician to the collection from them during their lifetime of cells, tissues or organs for transplantation to a specified recipient, if they have full legal capacity;
  • protection of the personal data concerning the donor/recipient of a transplant and to have such data covered by confidentiality;
  • if the patient is to be a recipient, to be placed on the waiting list for transplantation of cells, tissues and organs and to be selected as a recipient in accordance with medical criteria.

Right to Bury a Stillborn Child

23.

Parents and close persons entitled to burial have the right to submit an application for the preparation of a death certificate for a stillborn child, regardless of the duration of pregnancy, and to request that such birth be reported to the civil registry office – within 3 days from the date of stillbirth.

Other Patient Rights

24.

  1. In the event of a culpable violation of patient rights, the court may award the injured party an appropriate sum as monetary compensation for non-material harm (satisfaction) pursuant to Article 448 of the Civil Code.
  2. In the event of a culpable violation of the patient’s right to die in peace and dignity, the court may, at the request of the spouse, relatives or in-laws up to the second degree in the direct line, or the legal representative, award an appropriate sum of money for a social purpose indicated by them pursuant to Article 448 of the Civil Code.
  3. Section 1 does not apply to a culpable violation of the patient’s right to:
    • deposit valuables with the Hospital,
    • information on the type and scope of healthcare services provided by the Hospital,
    • access to medical documentation concerning their state of health.

The Hospital Director or a physician authorized by the Director may limit the exercise of patients’ rights in the event of an epidemic threat or due to patients’ health safety, as well as due to the Hospital’s organizational capabilities, including the right to personal, telephone or correspondence contact with other persons.

Patient Ombudsman

In order to protect patient rights, the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman established the institution of the Patient Ombudsman.

§ 35. The scope of the Ombudsman’s activities includes:

  • conducting proceedings regarding practices infringing collective patient rights;
  • conducting proceedings in the manner specified in the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman;
  • in civil cases concerning infringement of patient rights, the Ombudsman may, ex officio or at the request of a party, demand the initiation of proceedings and may also participate in ongoing proceedings;
  • preparing and submitting to the Council of Ministers drafts of legal acts concerning the protection of patient rights;
  • applying to competent authorities with motions to undertake legislative initiatives or to issue or amend legal acts in the field of protecting patient rights;
  • developing and publishing publications and educational programs popularizing knowledge about the protection of patient rights;
  • cooperating with public authorities to ensure patients’ rights are observed, in particular with the minister competent for health matters;
  • presenting to competent public authorities, organizations and institutions, and professional self-governments of medical professions, assessments and conclusions aimed at ensuring effective protection of patient rights;
  • cooperating with non-governmental, social and professional organizations whose statutory objectives include the protection of patient rights;
  • analyzing patients’ complaints and motions in order to identify threats and areas in the healthcare system requiring improvement;
  • performing other tasks specified in legal provisions commissioned by the Prime Minister.

Practices Infringing Collective Patient Rights

26.

  1. A practice infringing collective patient rights means:
    • unlawful organization of actions or omissions by entities providing healthcare services;
    • organizing, contrary to regulations on resolving collective labor disputes, a protest action or strike by the strike organizer – confirmed by a final court ruling – aimed at depriving patients of rights or limiting those rights, in particular undertaken to obtain financial benefits. The collective rights of patients are not the sum of individual rights.
  2. The use of practices infringing collective patient rights is prohibited.
  3. The protection of collective patient rights provided for in the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman does not exclude protection resulting from other acts, in particular regulations on combating unfair competition, regulations on competition and consumer protection, and regulations on counteracting unfair market practices.

27.

In matters not regulated in this document, the following provisions apply:

  • the Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman (Journal of Laws of 2009 No. 52, item 417, as amended) and other generally applicable legal provisions;
  • the Act of 5 December 1996 on the professions of physician and dentist (Journal of Laws of 2011 No. 277, item 1634, as amended);
  • the Act of 15 July 2011 on the professions of nurse and midwife (Journal of Laws of 2011 No. 174, item 1039, as amended);
  • the Act of 19 August 1994 on the protection of mental health (Journal of Laws No. 111, item 535, as amended);
  • the Act of 1 July 2005 on the collection, storage and transplantation of cells, tissues and organs (Journal of Laws No. 169, item 1411);
  • the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (Journal of Laws No. 234, item 1570, as amended);
  • the Act of 31 January 1959 on cemeteries and burial of the deceased (Journal of Laws of 2000 No. 23, item 295, as amended).

Katowice, 21.03.2018