PATIENTS’ RIGHTS AND OBLIGATIONS (HOME HEALTH CARE SERVICES) PATIENTS’ RIGHTS (according to Law no. 46/2003)
Patients have the right to the highest quality health care.
The patient has the right to be respected as a human person without any discrimination.
Patient’s right to medical information The patient has the right to be informed about the medical services available and how to use them. The patient has the right to be informed of the identity and professional status of health care providers. The patient has the right to be informed about his or her health condition, the proposed medical interventions, the potential risks of each procedure, existing alternatives to the proposed procedures, including non-treatment and non-compliance with medical recommendations, as well as diagnostic and prognostic data. The patient has the right to decide whether he or she still wishes to be informed if the information presented by the doctor would cause him or her distress. The patient has the right to expressly ask not to be informed and to choose another person to be informed instead. Information is made known to the patient in respectful, clear language, with the minimisation of specialist terminology. If the patient does not speak Romanian, the information shall be given in the patient’s mother tongue or in a language known to the patient or, where appropriate, another form of communication shall be sought. If the patient is not a Romanian citizen, the information shall be provided in an international language or, where appropriate, another form of communication shall be sought. Relatives and friends of the patient may be informed about the progress of investigations, diagnosis and treatment with the patient’s consent. The patient has the right to request and obtain another medical opinion. The patient has the right to request and receive, at the end of the home care period, a written summary of the investigations, diagnosis, treatment and care provided during the period of home care services.
Patient consent to medical intervention The patient has the right to refuse or stop a medical intervention by taking responsibility in writing for his/her decision; the consequences of refusing or stopping medical acts must be explained to the patient. If the patient requires emergency medical intervention, the consent of the legal representative is no longer required. The patient’s consent is mandatory for the collection, storage, use of all biological products taken from his/her body in order to establish the diagnosis or treatment to which he/she agrees. The patient’s consent is mandatory for participation in clinical medical education and scientific research. The patient may not be photographed or filmed in a medical facility or in his/her home without his/her consent, unless the images are necessary for diagnosis or treatment and to avoid suspicion of medical malpractice.
The right to confidentiality of information and patient privacy All information on the patient’s condition, results of investigations, diagnosis, prognosis, treatment, personal data are confidential even after death. Confidential information may only be provided if the patient gives explicit consent or if the law expressly requires it. The patient has access to personal medical data. The patient has the right to designate, by an agreement recorded in the appendix to the general clinical observation sheet, a person who will have full access, both during the patient’s lifetime and after the patient’s death, to the confidential information in the observation sheet. Any interference in the patient’s private, family life is forbidden, except where such interference positively influences the diagnosis, treatment or care provided and only with the patient’s consent. Exceptions are cases where the patient is a danger to himself or to public health.
Patient rights to treatment and care The patient has the right to terminal care in order to die with dignity. The patient can benefit from the support of family, friends, spiritual and material support and advice throughout their medical care. The patient is also entitled to medical services provided by an accredited medical staff outside the home care provider. The Care Hub’s medical or non-medical staff is not entitled to put any form of pressure on the patient to reward them other than as required by the legal payment regulations of the respective facility. The patient can offer The Care Hub partners or The Care Hub company bonuses or donations (for the ”Campaign for Lonely Grandparents”), in compliance with the law. The patient has the right to continuous medical care until his/her condition improves or until he/she is cured. The patient is entitled to emergency medical care, emergency dental care and pharmaceutical services on a continuous basis. PATIENTS’ OBLIGATIONS Autonomous and competent patients control the decisions that direct their health care. With this exercise of self-governance and choice comes a range of responsibilities. Patients contribute to the collaborative effort when:
They are honest and open with healthcare staff and strive to make their concerns clear. Healthcare staff should also encourage patients to ask questions or raise concerns.
Provide as complete a medical history as possible, including providing information about past illnesses, medications, hospitalizations, family history of illness, and other aspects of current health status.
Cooperate with agreed treatment plans. As compliance with treatment is often essential for public and individual safety, patients should disclose whether or not they have followed the agreed plan and indicate when they would like to reconsider the plan.
Accepts care from medical students, residents and other trainees under appropriate supervision. Participation in medical education is for the mutual benefit of patients and the health care system; however, refusal of patients (or representatives) to receive care from a trainee should be respected in accordance with ethical guidelines.
Fulfill their financial responsibilities for health care or discuss financial difficulties with their home health care provider. Patients should be aware of the costs associated with using a limited resource such as nursing care and try to use nursing resources wisely.
Recognise that a healthy lifestyle can often prevent or alleviate illness and take responsibility for following preventive measures and adopting health-enhancing behaviours.
Are aware of and refrain from behaviours that unduly endanger the health of others. They should ask themselves what they can do to prevent the transmission of infectious diseases.
Refrain from being disruptive in the clinical setting or during home treatment.
Does not knowingly initiate or participate in medical fraud.
Report illegal or unethical behavior by physicians or other health professionals to the appropriate provider, medical societies, licensing boards or law enforcement authorities.
Respect agreed visiting hours and services and do not ask doctors or other health professionals to perform additional procedures beyond those already agreed. RESOURCE LAW No 46 of 21 January 2003 American Medical Association
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