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Patients' Rights

Patients' Rights

Current discussion in EU

Johan Ferguson F.R.Pharm S

Vice President CEPLIS

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Patients' Rights

CEPLIS Health Working Group

22 September 2005

Economic and Social committee (EESC)

Draft Own – Initiative Opinion on Patients' Rights

Rapporteur Dr. A. Bedossa

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Patients' Rights

Patients' Rights

New Draft Opinion

Section for Employment, Social affairs and Citizenship EESC

Rapporteur Mr. Bouis

Third Draft 6 July 2007; adopted by Section 17 July

Plenary 20 June 2007

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Patients' Rights

EUROPEAN CHARTER OF PATIENTS' RIGHT

(Active Citizenship Network)

Network of consumer organisations and patient support groups

Presented in Brussels 15 November 2002

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Patients' Rights

EU CHARTER OF FUNDAMENTAL RIGHTS

Article 35 – RIGHT TO HEALTH PROTECTION as

“right of access to preventative health care and the right to benefit from medical treatment under the

conditions established by national laws and practices”

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Patients' Rights

EU CHARTER OF FUNDAMENTAL RIGHTS

Also contains many provisions that refer either directly or indirectly to rights of patients, such as

Inviolability of human dignity Right to protection of personal data

Right to social security and social assistance

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Patients' Rights

ACTIVE CITIZENS NETWORK

European Charter of Patients' Rights

Fourteen rights of the patient

Welcomed in EESC Draft Opinion

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Patients' Rights

RIGHT TO SERVICE TO PREVENT ILLNESS

Prevention is a key factor in improving the health state of the population.

Campaigns should be developed alongside structures for diagnoses and treatment.

Right to screening – investment in resources

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Patients' Rights

RIGHT OF ACCESS WITHOUT DISCRIMINATION ON BASIS OF

FINANACIAL RESOURCES OF KIND OF ILLNESS

Right to access to care for all : i.e. Not just access to rights and social protection but to the full range of healthcare services and professionals without

discrimination on the grounds of a person's social or economic position.

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Patients' Rights

RIGHT TO INFORMATION ABOUT THEIR HEALTH STATUS, HEALTH SERVICES, “PATIENT-TAILORED

INFORMATION”

Must include how their illness might evolve over time, possible treatments, risk/benefit ratio, establishments

or health professionals providing the treatment.Particularly important in cases of chronic illness, long-

term treatment.Information must be in terms that will be understood

by the individual patient.

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Patients' Rights

RIGHT TO INFORMED CONSENT

ACCESS TO INFORMATION TO PERMIT ACTIVE PARTICIPATION IN DECISIONS.

Information not an end in itself.Means of allowing person to make informed choices

Involve patient's family –especially in case of children or elderly

Consent to be renewed before each important surgical or medical act. (Emergency situation recognised –

consent presumed for later confirmation)

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Patients' RightsINTERNATIONAL PHARMACEUTICAL

FEDERATION (FIP)

Statement of Policy on Research in Paediatric PatientsCompetent child of 7 + years capable of understanding

information needed to give informed consent

Assent is affirmative agreement; failure to object is not assent

Recognise may need to override when parents, investigators and an institutional review board agree that child's welfare would be significantly harmed by

failure to participate

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Patients' Rights

RIGHT TO FREE CHOICE OF TREATMENT ALTERNATIVES AND

PROVIDERS ON BASIS OF ADEQUATE INFORMATION

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Patients' Rights

RIGHT TO PRIVACY AND CONFIDENTIALITY OF PERSONAL INFORMATION, INCLUDING ABOUT MEDICAL/SURGICAL TREATMENTS

TO WHICH HAS BEEN SUBJECT

Everyone has the right to confidentiality of information about health, diagnosis made and

treatment provided

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Patients' Rights

FIP

Concerns about confidentiality increased by growth of electronic records

Other than in specific circumstances, confidential information disclosed only with informed consent.

This involves both will and knowledge.

Express consent given orally or in writing

Implied consent -e.g. Transfer of information between health professionals caring for an individual patient.

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Patients' Rights

RIGHT OF RESPECT OF PATIENT'S TIME

FIX WAITING TIME WITHIN WHICH CERTAIN SERVICES MUST BE PROVIDED

IF UNABLE TO MEET TIMESCALE, POSSIBILITY TO SEEK ALTERNATIVE

SERVICES OF COMPARABLE QUALITY MUST BE GUARANTEED

PATIENT MUST BE REIMBURSED

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Patients' Rights

DG Sanco consultation regarding communicty action on health services

Rulings of ECJ

Non hospital care Hospital care

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Patients' Rights

RIGHT OF ACCESS TO HIGH QUALITY SERVICES ON BASIS OF

SPECIFICATION AND OBSERVANCE OF PRECISE STANDARDS

Right to receive most appropriate treatment and access to best therapies and medicines offering

“best cost-effectiveness ratio.”

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Patients' Rights

RIGHT TO SAFETY

FREEDOM FROM HARM CAUSED BY POOR FUNCTIONING OF HEALTH

SERVICES

ACCESS TO TREATMENTS MEETING HIGH SAFETY STANDARDS

Right to safety of care

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Patients' Rights

RIGHT OF ACCESS TO INNOVATIVE PROCEDURES

INCLUDING DIAGNOSTIC PROCEDURES OF INTERNATIONAL STANDARDS

INDEPENDENTLY OF ECONOMIC OR FINANCIAL CONSIDERATIONS

DG SANCO Consultation3.2.2 Realising the potential of health innovation

Make best use of new technologies, therapies and techniques

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Patients' Rights

RIGHT TO AVOID UNNECESSARY SUFFERING AND PAIN IN EACH

PHASE OF ILLNESS

Right to pain management through provision of effective means and facilities

Right of everyone to receive care to relieve pain

Universal access to palliative care

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Patients' Rights

RIGHT TO TREATMENT TAILORED AS MUCH AS POSSIBLE TO

PERSONAL NEEDS

A sick person has a legitimate right to request Health professionals to provide a personalised assessment of his or her condition, making it

possible to propose a treatment that is the most suitable in technical and psychological terms.

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Patients' Rights

RIGHT TO COMPLAIN WHEN HAVE SUFFERED HARM AND TO RECEIVE RESPONSE WITHOUT PREJUDICE TO RIGHT TO TAKE

LEGAL ACTION

A Create neutral and convivial spaces in hospital establishments where patients can voice

concerns, with the support of patients' associations

Involve associations on the same footing as professionals in analysis of complaints

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Patients' Rights

RIGHT TO COMPENSATION WHEN HAVE SUFFERED PHYSICAL OR

PSYCHOLOGICAL HARM CAUSED BY TREATMENT

DG SANCO Consultation

When harm is caused there should be a clear mechanism for appropriate compensation and

follow-up to avoid repetition of errors

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Patients' Rights

RIGHT TO ADEQUATE AND APPROPRIATE NUTRITION

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Patients' Rights

CEPLIS DOCUMENT ON “COMMON VALUES” OF LIBERAL PROFESSIONS

Covers many of these points Confidentiality

Independence and impartiality Treat clients/patients with courtesy and respect

High quality services through strict compliance with codes of practice and standards

Professional liability insurance

thus for health professionals, that have already addressed the recommendation in the EESC Draft

include protection and promotion patients' rights in ethical codes and codes of conduct for professionals