PATIENTS' RIGHTS

The rights of patients receiving health care from hospitals, doctors and other health care providers in South Australia are to be found in both legislation and in the common law. The requirements for consent to treatment are contained in the Consent to Medical Treatment and Palliative Care Act 1995 . The rights of people with a mental incapacity are governed by the Guardianship and Administration Act 1993 . See GUARDIANSHIP AND ADMINISTRATION.

Generally speaking, a patient has three main rights:

the right to decide whether or not to undergo medical treatment, after receiving a reasonable explanation of what the treatment involves and the risks associated with the treatment
the right to be treated with reasonable care and skill by a health care provider
the right to confidentiality of information about medical conditions and treatment.

Precisely what these rights mean will vary with the circumstances. If a patient considers his or her rights have been ignored or interfered with by a health professional, then the patient may complain to that provider's professional body, as well as, or instead of, using other legal remedies.

A common complaint is that a health professional has not explained fully what has been done in a particular medical treatment or why a patient is continuing to experience problems or make a slow recovery. If a patient is concerned about any aspect of the treatment, then he or she should make every attempt to discuss the problem with the health professional who has provided the treatment. If the patient still feels concerned after speaking to the health professional, or after repeated attempts has been unable to speak to the health professional, then the patient should see a lawyer or complain to the relevant professional body. In some cases, problems may be resolved by seeing a new health professional who is prepared to provide a reasonable amount of information about the treatment received. In other situations, it may be necessary to obtain a health professional's case notes or hospital records. Although the first step usually should be to speak to the doctor or other health care provider who has treated the patient, if any doubts remain, a patient should not be reluctant to seek legal advice - it is a right to receive a reasonable explanation of medical treatment.

SUMMARY OF RIGHTS AND RESPONSIBILITIES

Patient's Main Rights

The consumer of health services has the right to:

decide whether or not to undergo medical treatment after receiving a reasonable explanation of what the treatment involves and the risks associated with the treatment
be treated with reasonable care and skill by the health care provider
have medical information and treatment kept confidential

Other Rights

The consumer of health services also has the right to:

withdraw consent at any time
refuse experimental or research treatment
obtain a second opinion
leave a hospital at any time (except in the cases of infectious diseases or certain psychiatric conditions). If the patient leaves without the hospital's consent the patient may be responsible for any injury or illness caused or aggravated by this action.
be treated with care, consideration and dignity
be fully informed of the costs of any medical procedure proposed, including any further costs associated with rehabilitation.
request medical files from the doctor or hospital (public hospital records can be accessed under the Freedom of Information Act 1991, and some records held by private doctors or hospitals can be accessed under the Privacy Amendment (Private Sector) Act 2000 - see Obtaining Medical Records and Privacy and Freedom of Information)
obtain legal advice about any matter arising from the treatment (at the patient's own cost)
contact friends, relatives, solicitors, members of the clergy and so on to discuss problems
exercise any of these rights on behalf of a child or ward if he or she is the parent or guardian
ask to stay with a child at all times except where separation is necessary for medical reasons
inform nursing staff if he or she does not want to see, or speak to, a visitor or caller.

Responsibilities

Consumers of health services have a responsibility to:

know and disclose their own medical history including medications taken
keep appointments or advise those concerned if they are unable to do so
inform the doctor if they are receiving treatment from another health professional
pay for any services and products received as a private patient (unless private health insurance covers this)
conduct themselves in a manner which will not interfere with the well being or rights of other patients or staff.