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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
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