PATIENTS RIGHTS

The Rights of the Patients

1. Right to Appropriate Medical Care and Humane Treatment. -

Every person has a right to health and medical care corresponding
to his state of health, without any discrimination and within the
limits of the resources, manpowerand competence available for
health and medical care at the relevant time. The patient has the
right to appropriate health and medical care of good quality. In the
course of such, his human dignity, convictions, integrity, individual
needs and culture shall be respected. If any person cannot
immediately be given treatment that is medically necessary he
shall, depending on his state of health, either be directed to wait for
care, or be reffered or sent for treatment elsewhere, where the
appropriate care can be provided. If the patient has to wait for care,
he shall be informed of the reason for the delay. Patients in
emergency shall be extended immediate medical care and
treatment without any deposit, pledge, mortgage or any form of
advance paymentfor treatment.

2. Right to Informed Consent. - The patient has a right to a clear,

truthful and substantial explanation, in a manner and
language understandable to the patient, of all proposed
procedures, whether diagnostic, preventive, curative,
rehabilitative or therapeutic, wherein the person who will perform
the said procedure shall provide his name and credentials to
the patient, possibilities of any risk of mortality or serious
side effects, problems related to recuperation, and probability of
success and reasonable risks involved: Provided, That
the patient will not be subjected to any procedure without his
written informed consent, except in the following cases:

a) in emergency cases, when the patient is at imminent risk of

physical injury, decline Of death if treatment is withheld or
postponed. In such cases, the physician can perform any
diagnostic or treatment procedure as good practice of medicine
dictates without such consent;
b) when the health of the population is dependent on the adoption
of a mass health program to control epidemic;
c) when the law makes it compulsory for everyone to submit a
procedure;
d) When the patient is either a minor, or legally incompetent, in
which case. a third party consent Is required;
e) when disclosure of material information to patient will
jeopardize the success of treatment, in which case, third party
disclosure and consent shall be in order;
f) When the patient waives his right in writing.

Informed consent shall be obtained from a patient concerned if he is

of legal age and of sound mind. In case the patient is incapable of
giving consent and a third party consent is required. the
following persons, in the order of priority stated hereunder,
may give consent:

i. spouse;
ii. son or daughter of legal age;
iii. either parent;
iv. brother or sister of legal age, or
v. guardian

If a patient is a minor, consent shall be ottained from his parents

or legal guardian. If next of kin, parents or legal guardians refuse
to give consent to a medical or surgical proceoure necessary
to save the life or limb of a minor or a patient incapable of giving
consent, courts, upon the petition of the physician or any person
interested in the welfare of the patient, in a summary proceeding,
may issue an order giving consent.

3. Right to Privacy and Confidentiality. - The privacy of the

patients must be assured at all stages of his treatment. The patient
has the right to be free from unwarranted public exposure, except
in the foHowing cases: a) when his mental or physical condition is
in controversy and the appropriate court, in its discretion, order him
to submit to a physical or mental examination by a physician; b)
when the public health and safety so demand; and c) when the
patient waives this right in writing.

The patient has the right to demand that all information,

communication and records pertaining to his care be treated as
confidential. Any health care provider or practitioner involved in the
treatment of a patient and all those who have legitimate access to
the patient's record is not authorized to divulge any information to a
third party who has no concern with the care and welfare
of the patient without his consent, except: a) when such
disclosure will benefit public health and safety; b) when it is in
the interest of justice and upon the order of a competent court;
and c) when the patients waives in writing the confidential
nature of such information; d) when it is needed for
continued medical treatment or advancement of medical
science subject to de-identification of patient and shared medical
confidentiality for those who have access to the information.

Informing the spouse or the family to the first degree of the

patient's medical condition may be allowed; Provided That the
patient of legal age shall have the right to choose on whom to
inform. In case the patient is not of legal age or is mentally
incapacitated, such information shall be given to the parents, legal
guardian or his next of kin.

4. Right to Information. - In the course of his/her treatment

and hospital care, the patient or his/her legal guardian has a right
to be informed of the result of the evaluation of the nature and
extent of his/her disease, any other additional or further
contemplated medical treatment on surgical procedure or
procedures, including any other additional medicines to be
administered and their generic counterpart including the possible
complications and other pertinent facts, statistics or studies,
regarding his/her illness, any change in the plan of care
before the change is made, the person's participation in
the plan of care and necessary changes before its
implementation, the extent to which payment maybe expected
from Philhealth or any payor and any charges for which the patient
maybe liable, the disciplines of health care practitioners who will
fumish the care and the frequency of services that are proposed to
be furnished.

The patient or his legal guardian has the right to examine and be
given an itemized bill of the hospital and medical services rendered
in the facility or by his/her physician and other health care
providers, regardless of the manner and source of payment.He is
entitled to a thorough explanation of such bill.

The patient or hislher legal guardian has the right to be

informed by the physician or his/her delegate of hisJher continuing
health care requirements following discharge, including instructions
about home medications, diet, physical activity and all other
pertinent information to promote health and well-being.

At the end of his/her confinement, the patient is entitled to a

brief, written summary of the course of his/her illness which
shall include at least the history, physical examination,
diagnosis, medications, surgical procedure, ancillary and laboratory
procedures, and the plan of further treatment, and which shall be
provided by the attending physician. He/she is likewise entitled to
the explanation of, and to view, the contents of medical record of
his/her confinement but with the presence of his/her attending
physician or in the absence of the attending physician,
the hospital's representative. Notwithstanding that he/she
may not be able to settle his accounts by reason of
financial incapacity, he/she is entitled to reproduction, at
his/her expense, the pertinent part or parts of the
medical record the purpose or purposes of which he
shall indicate in his/her written request for reproduction.
The patient shall likewise be entitled to medical certifICate,
free of charge, with respect to his/her previous
confinement.

5. The Right to Choose Health Care Provider and Facility. - The

patient is free to choose the health care provider to serve him as
well as the facility except when he is under the care of a service
facility or when public health and safety so demands or when the
patient expressly waives this right in writing.

The patient has the right to discuss his condition with a consultant
specialist, at the patient's request and expense. He also has the
right to seek for a second opinion and subsequent opinions, if
appropriate, from another health care provider/practitioner.

6. Right to Self-Determination. - The patient has the right to avail

himself/herself of any recommended diagnostic and treatment
procedures.Any person of legal age and of sound mind may make an
advance written directive for physicians to administer terminal care
when he/she suffers from the terminal phase of a terminal illness:
Provided That a) he is informed of the medical consequences of his
choice; b) he releases those involved in his care from any obligation
relative to the consequences of his decision; c) his decision will not
prejudice public health and safety.

7. Right to Religious Belief. - The patient has the right to refuse

medical treatment or procedures which may be contrary to his
religious beliefs, subject to the limitations described in the
preceding subsection: Provided, That such a right shall not be
imposed by parents upon their children who have not reached the
legal age in a life threatening situation as determined by the
attending physician or the medical director of the facility.
8. Right to Medical Records. - The patient is entitled to a summary
of his medical history and condition.He has the right to view the
contents of his medical records, except psychiatric notes and
other incriminatory information obtained about third parties, with
the attending physician explaining contents thereof. At his expense
and upon discharge of the patient, he may obtain from the health
care institution a reproduction of the same record whether or not
he has fully settled his financial obligation with the physician or
institution concerned.

The health care institution shall safeguard the confidentiality

of the medical records and to likewise ensure the integrity and
authenticity of the medical records and shall keep the same
within a reasonable time as may be determined by the
Department of Health.

The health care institution shall issue a medical certificate to the

patient upon request.Any other document that the patient may
require for insurance claims shall also be made available to him
within forty-fIVe (45) days from request.

9. Right to Leave. - The patient has the right to leave hospital or

any other health care institution regardless of his physical
condition: Provided. That a) he/she is informed of the medical
consequences of his/her decisionl b) helshe releases those
involved in his/her care from any obligation relative to the
consequences of his decision; c) hislher decision will not prejudice
public health and safety.

No patient shaD be detained against hi$/her will in any health care

institution on the sole basis of his failure to fully settle his
financial obligations. However, he/she shall only be allowed to
leave the hospital provided appropriate arrangements have been
made to settle the unpaid bills: Provided. further, That unpaid
bills of patients shall be considered as loss income by the hospital
and health care provider/practitioner and shall be deducted from
gross income as income loss only on that particular year.

10. Right to Refuse Participation In Medical Research. - The patient

has the right to be advised if the health care provider plans to
involve him in medical research, including but not limited to
human experimentation which may be performed only with the
written informed consent of the patient: Provided, That, an
institutional review board or ethical review board in accordance
with the guidelines set in the Declaration of Helsinki be established
for research involving human experimentation: Provided, further,
That the Department of Health shall safeguard the continuing
training and education of fUture health care
provider/practitioner to ensure the development of the health care
delivery in the country: Provided, fUfthermore, That the patient
involved in the human experimentation shall be made aware of
the provisions of the Declaration of Helsinki and its respective
guidelines.

11. RIght to Correspondence and to Receive Visitors. - The patient

has the right to communicate with relatives and other
persons and to receive visitors subject to reasonable limits
prescribed by the rules and regulations of the health care
institution.

12. Right to Express Grievances. - The patient has the right to

express complaints and grievances about the care and services
received without fear of discrimination or reprisal and to know
about the disposition of such complaints.Such a system shall afford
all parties concerned with the opportunity to settle amicably all
grievances.

13. RIght to be Informed of His Rights and Obligations as a

Patient. - Every person has the right to be informed of his rights
and obligations as a patient.The Department of Health,in
coordination with heath care providers, professional and civic
groups, the media, health insurance corporations, people's
organizations,local government organizations, shall launch and
sustain a nationwide information and education campaign to
make known to people their rights as patients, as declared
in this Act Such rights and obligations of patients shall be
posted in a bulletin board conspicuously placed in a health care
institution.

It shall be the duty of health care institutions to inform of their

rights as well as of the institution's rules and regulations that apply
to the conduct of the patient while in the care of such institution.

https://samch.doh.gov.ph/index.php/patients-and-visitors-corner/patients-rights

Rights of mentally ill

Principle 1

Fundamental freedoms and basic rights

1. All persons have the right to the best available mental

health care, which shall be part of the health and social care
system.

2. All persons with a mental illness, or who are being treated

as such persons, shall be treated with humanity and respect
for the inherent dignity of the human person.

3. All persons with a mental illness, or who are being treated

as such persons, have the right to protection from
economic, sexual and other forms of exploitation, physical
or other abuse and degrading treatment.

4. There shall be no discrimination on the grounds of mental

illness. "Discrimination" means any distinction, exclusion or
preference that has the effect of nullifying or impairing equal
enjoyment of rights. Special measures solely to protect the
rights, or secure the advancement, of persons with mental
illness shall not be deemed to be discriminatory.
Discrimination does not include any distinction, exclusion or
preference undertaken in accordance with the provisions of
these Principles and necessary to protect the human rights
of a person with a mental illness or of other individuals.

5. Every person with a mental illness shall have the right to

exercise all civil, political, economic, social and cultural
rights as recognized in the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Covenant on Civil and
Political Rights, and in other relevant instruments, such as
the Declaration on the Rights of Disabled Persons and the
Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment.

6. Any decision that, by reason of his or her mental illness, a

person lacks legal capacity, and any decision that, in
consequence of such incapacity, a personal representative
shall be appointed, shall be made only after a fair hearing by
an independent and impartial tribunal established by
domestic law. The person whose capacity is at issue shall
be entitled to be represented by a counsel. If the person
whose capacity is at issue does not himself or herself
secure such representation, it shall be made available
without payment by that person to the extent that he or she
does not have sufficient means to pay for it. The counsel
shall not in the same proceedings represent a mental health
facility or its personnel and shall not also represent a
member of the family of the person whose capacity is at
issue unless the tribunal is satisfied that there is no conflict
of interest. Decisions regarding capacity and the need for a
personal representative shall be reviewed at reasonable
intervals prescribed by domestic law. The person whose
capacity is at issue, his or her personal representative, if
any, and any other interested person shall have the right to
appeal to a higher court against any such decision.

7. Where a court or other competent tribunal finds that a

person with mental illness is unable to manage his or her
own affairs, measures shall be taken, so far as is necessary
and appropriate to that person's condition, to ensure the
protection of his or her interest.

Dying Person’s Bill of Rights

 I have the right to be treated as a living human until I die.

 I have the right to maintain a sense of hopefulness, however changing its focus may be.  I have
the right to be cared for by those who can maintain a sense of hopefulness, however changing this
may be.  I have the right to express my feelings and emotions about my approaching death in my
own way.  I have the right to participate in decisions concerning my care.  I have the right to
expect continuing medical and nursing attention even though “cure” goals must be changed to
“comfort” goals.  I have the right to not die alone.  I have the right to be free of pain.  I have the
right to have my questions answered honestly.  I have the right to retain my individuality and not
be judged for my decisions, which may be contrary to the belief of others.  I have the right to
expect that the sanctity of the human body will be respected after death.  I have the right to be
cared for by caring, sensitive, knowledgeable people who will attempt to understand my needs and
will be able to gain some satisfaction in helping me face my death.
reference

*Created at a workshop, “The Terminally Ill Patient and the Helping Person,” in Lansing Michigan
sponsored by the South Western Michigan Inservice Education Council and conducted by Amelia
Barbus (1975), Associate Professor of Nursing, Wayne State University

DYING ENVIRONMENT

1. Right to caring environment

2. 2. Rights to autonomy and choice
3. The right to information
4. The right to confidentiality and privacy
5. The right to a good death
6. The right to support

https://www.um.edu.mt/library/oar/bitstream/123456789/26802/1/THE%20RIGHTS%20OF%20THE
%20DYING%20PATIENT.pdf

NURSES BILL OF RIGHTS

1. Full authority for nurses to practice at the top of their license, credentials, and
professional standards without barriers, and in a manner that fulfills their
obligations to society, patients, and communities.

2. Continuous access to training, education, professional development, as well as

pathways for nurses to be recognized as leaders and in roles to direct shared
decision-making on nursing practice, resources, staffing concerns and patient
safety issues.

3. Work and practice in environments that ensure respect, inclusivity, diversity, and
equity with leaders who are committed to dismantling systemic racism and
addressing racist behaviors that negatively impact nurses of color.

4. Just care settings that facilitate ethical nursing practice, standards, and care in
accordance with the Code of Ethics for Nurses with Interpretive Statements.

5. Safe work environments that prioritize and protect nurses’ well-being and provide
support, resources, and tools to stay psychologically and physically whole.
 6. Freedom for nurses to advocate for their patients and raise legitimate concerns
about their own personal safety without the fear of retribution, retaliation,
intimidation, termination, and ostracization.

7. Competitive compensation consistent with nurses’ clinical knowledge,

experience, and professional responsibilities and that recognizes the value and
rigor of nursing practice.

8. Collective and individual rights for nurses to negotiate terms, wages, and work
conditions of their employment in all practice settings.

https://www.nursingworld.org/practice-policy/work-environment/health-safety/bill-of-rights/