WIM

I. Patient rights arising directly from the Constitution

• Everyone has the right to health protection.

• Every citizen has the right to equal access to publicly funded healthcare services, under the conditions and within the scope specified by law.

II. Patient rights arising from the Act on Patient Rights and the Patient Rights Ombudsman

• A patient reporting to a healthcare entity has the right to immediate provision of healthcare services in the event of a threat to life or health, regardless of circumstances.

• In a healthcare entity, the patient has the right to:

  • a) healthcare services that meet the requirements of current medical knowledge, and in situations where the provision of appropriate services is limited, to use a reliable, medically-based procedure for determining the order of access to services,

  • b) services provided by authorized personnel, in premises and with equipment meeting professional and sanitary requirements,

  • c) information about their health condition,

  • d) consent to or refusal of specific healthcare services after receiving appropriate information,

  • e) privacy and respect for dignity during the provision of healthcare services,

  • f) access to medical documentation or to indicate another person to whom this documentation may be made available,

  • g) protection of personal data contained in their medical documentation,

  • h) pastoral care,

  • i) additional nursing care provided by a close person or another person indicated by the patient,

  • j) personal, telephone, or written contact with people from outside,

  • k) request that the doctor seek the opinion of an appropriate medical specialist or organize a medical consultation,

  • l) consent to or refusal of the presence of persons other than the medical personnel necessary due to the type of service provided,

  • m) confidentiality of information related to the patient and obtained by the doctor in connection with the performance of their profession,

  • n) access to information about patient rights,

  • o) sufficient prior notice from the doctor of the intention to discontinue treatment and indication of realistic possibilities of obtaining the required healthcare service from another doctor or healthcare facility,

  • p) object to a doctor’s opinion or decision if it affects the patient’s rights or obligations (to the Medical Commission at the Patient Rights Ombudsman within 30 days of the opinion),

  • q) report adverse reactions to medicinal products to medical professionals, the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products, or the entity responsible for introducing the medicinal product to the market,

  • r) deposit valuables for safekeeping,

  • s) pain treatment.

III. Patient rights arising from the Act on Medical Activity

• In addition, in a healthcare entity for people requiring round-the-clock or all-day healthcare services, a patient admitted to such an entity has the right to:

  • a) pharmaceutical products and medical materials,

  • b) accommodation and meals appropriate to their health condition,

  • c) indicate a person or institution that the healthcare entity is obliged to notify in the event of deterioration of the patient’s health condition causing a threat to life or in the event of death,

  • d) consent to or refusal of admission to the healthcare entity,

  • e) discharge from the healthcare entity at their own request and to receive information from the doctor about possible consequences of discontinuing treatment,

  • f) receive necessary assistance and be transferred to another hospital if, despite the decision of an authorized doctor that immediate admission is necessary, the patient cannot be admitted to that hospital.

• The patient has the right to emergency medical services in the event of an accident, injury, childbirth, sudden illness, or sudden deterioration of health causing a threat to life.

IV. Patient rights specified in the Act on the Profession of Physician and Dentist

A patient has the right to:

• receive healthcare services from a doctor, in accordance with current medical knowledge, available methods and means of prevention, diagnosis, and treatment, in accordance with professional ethics and with due diligence,

• receive medical assistance from a doctor whenever delay could result in danger to life, serious bodily harm, or serious health disorder, and in other urgent cases,

• receive understandable information from the doctor about their health condition, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or omission, treatment results, and prognosis,

• request information from the doctor about their health and prognosis if the patient believes the doctor is limiting information for the patient’s own good,

• decide who the doctor may provide information to,

• request that the doctor withhold information referred to in the previous point,

• refuse consent for examination or other healthcare service by the doctor,

• consent to or refuse surgery or the use of a high-risk treatment or diagnostic method; in order to make a decision, the doctor must provide the information referred to above,

• receive information from the doctor if, during a procedure or treatment, due to circumstances threatening the patient’s life or health, the doctor made changes in their scope,

• have their privacy and personal dignity respected by the doctor,

• confidentiality of information related to the patient and obtained by the doctor in connection with the performance of the profession. The doctor is bound by confidentiality even after the patient’s death, unless a close person consents to disclosure.

Additionally, a patient who is to participate in a medical experiment has the right to:

• consent to or refuse participation in a medical experiment after being informed by the doctor about the aims, methods, and conditions of the experiment, expected therapeutic or cognitive benefits, risks, and the possibility to withdraw consent and discontinue participation at any stage,

• be informed by the doctor about health and life risks that may result from immediate discontinuation of the experiment,

• withdraw consent to the medical experiment at any stage.

V. Patient rights specified in the Act on the Profession of Nurse and Midwife

A patient has the right to:

• receive healthcare services from a nurse/midwife authorized to practice, in accordance with current medical knowledge, available methods and means, in accordance with professional ethics and with particular diligence,

• receive assistance from a nurse/midwife, in accordance with their qualifications, in any case of danger of loss of life or serious health damage,

• receive information from the nurse/midwife about their rights,

• receive information from the nurse/midwife about their health condition, within the scope of nursing care provided,

• confidentiality of information related to the patient and obtained by the nurse/midwife in connection with the performance of the profession.

VI. Patient rights specified in the Act on Mental Health Protection

A patient with mental disorders, mental illness, or intellectual disability has the right to:

• free healthcare services provided by public psychiatric hospitals,

• ensure that the methods of treatment are appropriate not only for health purposes but also for the patient’s interests and other personal well-being, and to strive to improve health in the least burdensome way,

• communicate without restrictions with family and others if staying in a psychiatric hospital or social welfare home,

• request periodic stays outside the hospital without being discharged,

• be informed in advance of the intention to use direct coercion; the use of this measure must result from the law,

• be informed in advance of the intention to conduct a psychiatric examination without their consent and to be told the reasons for such a decision; such an examination may be conducted if the patient’s behavior indicates that, due to mental disorders, they may directly threaten their own life or the life or health of others, or are unable to satisfy basic life needs,

• consent to or refuse admission to a psychiatric hospital, except in cases where the law allows admission without the patient’s consent,

• be informed by the doctor of the reasons for admission to a psychiatric hospital without consent and of the rights in this situation,

• withdraw previously given consent to admission to a psychiatric hospital,

• necessary medical actions aimed at removing the reason for admission without consent and to be informed about the planned treatment,

• discharge from the psychiatric hospital if staying there without having given consent, if the reasons for admission and stay without such consent no longer exist,

• remain in the hospital, in the situation described above, with later expressed consent if, in the doctor’s opinion, further stay is advisable,

• submit, in any form, a request for discharge from the psychiatric hospital,

• apply to the guardianship court for an order to discharge from the psychiatric hospital after being refused discharge upon request,

• information about the deadline and manner of submitting an application to the guardianship court,

• submit an application for the appointment of a guardian if, while staying in a psychiatric hospital, the patient needs help managing all or certain types of affairs,

• have persons performing activities under the law maintain confidentiality about everything concerning the patient that they learn while performing activities under the law.

VII. Patient rights specified in the Act on the Collection and Transplantation of Cells, Tissues, and Organs

A patient has the right to:

• detailed and written information about the type of procedure, associated risks, and foreseeable consequences for future health,

• express and withdraw at any time an objection to the collection of cells, tissues, and organs after death,

• voluntarily give written consent before a doctor for the collection of cells, tissues, or organs during life for transplantation to a specified recipient if the patient has full legal capacity,

• protection of personal data concerning the donor/recipient of the transplant and confidentiality of such data.

• A patient who is to be a recipient has the right to be placed on the waiting list for transplantation of cells, tissues, and organs and to be selected as a recipient based on medical criteria.

• Collection of bone marrow or peripheral blood stem cells from a minor who does not have full legal capacity may be performed with the consent of a legal representative after obtaining the consent of the guardianship court.

VIII. Rights of minor patients

A patient under 18 years of age has the right to:

• exercise most of the rights granted to adults when using healthcare services, taking into account the rights of parents or guardians and age-related restrictions,

• use publicly funded healthcare services under the principles specified in the Act on healthcare services, even if not insured, provided they have Polish citizenship and reside in Poland,

• if under 16 years of age, to receive information in the scope and form necessary for the proper course of diagnostic or therapeutic processes and to express their opinion,

• if over 16 years of age, to receive understandable information about their health condition, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or omission, treatment results, and prognosis,

• receive from a nurse understandable information about nursing care and procedures and their rights,

• if over 16 years of age, consent (in addition to the legal representative’s consent) is required for examination or provision of other healthcare services by a doctor. If there is no legal representative, consent may be given by a de facto guardian. Unless otherwise provided by law, consent may be given orally or by behavior that clearly indicates willingness to undergo the proposed actions. In the case of a surgical procedure or a high-risk treatment or diagnostic method, written consent from both the legal representative and the patient over 16 is required,

• a patient over 16 years of age has the right to object to the provision of healthcare services, despite the consent of the legal representative or de facto guardian. Unless otherwise provided by law, the objection may be expressed orally or by behavior that clearly indicates unwillingness to undergo the proposed actions. If a child over 16 years of age does not consent to examination or treatment despite parental consent, court approval is required,

• a patient over 16 years of age, capable of giving consent, gives consent to admission to a psychiatric hospital.

Legal basis: Constitution of April 2, 1997, and the following acts:

Podstawowe unormowania prawne wynikające z Konstytucji z dnia 2 kwietnia 1997 r.
(Dz.U. Nr 78, poz. 483) oraz z poniższych ustaw:
z dnia 06.11.2008 r. o prawach pacjenta i Rzeczniku Praw Pacjenta (Dz.U. z 2020 r. poz. 849, z późn. zm.).
z dnia 15.04.2011 r. o działalności leczniczej (Dz. U. z 2020 r., poz. 295, 567, 1493, 2112, 2345,2401, z późn. zm.),
z dnia 5 grudnia 1996 r. o zawodzie lekarza i lekarza dentysty (Dz.U. t.j. 2020 r.,poz.514,567,1291,1493,2112,1345,2401. Z 2021 r., poz. 159, z późn. zm.0 .
z 15.07.2011 r. o zawodach pielęgniarki i położnej (Dz. U. z 2019 r., poz. 1490, z późn. zm.).
z dnia 19 sierpnia 1994 r. o ochronie zdrowia psychicznego (Dz.U. z 2020 r., poz. 685 z późn. zm.,
z dnia 1.07.2005 r. o pobieraniu, przechowywaniu i przeszczepianiu komórek, tkanek i narządów ( Dz. U. z 2019 r. poz. 1405 z późn. zm.).