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Patients' Rights

Patients' Rights. Patients' Rights Current discussion in EU Johan Ferguson F.R.Pharm S Vice President CEPLIS. 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

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  1. Patients' Rights Patients' RightsCurrent discussion in EUJohan Ferguson F.R.Pharm SVice President CEPLIS

  2. Patients' Rights CEPLIS Health Working Group22 September 2005Economic and Social committee (EESC)Draft Own – Initiative Opinion on Patients' RightsRapporteur Dr. A. Bedossa

  3. Patients' Rights Patients' RightsNew Draft OpinionSection for Employment, Social affairs and Citizenship EESCRapporteur Mr. BouisThird Draft 6 July 2007; adopted by Section 17 July Plenary 20 June 2007

  4. Patients' Rights EUROPEAN CHARTER OF PATIENTS' RIGHT (Active Citizenship Network)Network of consumer organisations and patient support groupsPresented in Brussels 15 November 2002

  5. Patients' Rights EU CHARTER OF FUNDAMENTAL RIGHTSArticle 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”

  6. Patients' Rights EU CHARTER OF FUNDAMENTAL RIGHTSAlso 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

  7. Patients' Rights ACTIVE CITIZENS NETWORK European Charter of Patients' RightsFourteen rights of the patient Welcomed in EESC Draft Opinion

  8. Patients' Rights RIGHT TO SERVICE TO PREVENT ILLNESSPrevention 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

  9. Patients' Rights RIGHT OF ACCESS WITHOUT DISCRIMINATION ON BASIS OF FINANACIAL RESOURCES OF KIND OF ILLNESSRight 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.

  10. 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.

  11. Patients' Rights RIGHT TO INFORMED CONSENTACCESS TO INFORMATION TO PERMIT ACTIVE PARTICIPATION IN DECISIONS.Information not an end in itself.Means of allowing person to make informed choicesInvolve patient's family –especially in case of children or elderlyConsent to be renewed before each important surgical or medical act. (Emergency situation recognised – consent presumed for later confirmation)‏

  12. Patients' Rights INTERNATIONAL PHARMACEUTICAL FEDERATION (FIP)Statement of Policy on Research in Paediatric PatientsCompetent child of 7 + years capable of understanding information needed to give informed consentAssent is affirmative agreement; failure to object is not assentRecognise 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

  13. Patients' Rights RIGHT TO FREE CHOICE OF TREATMENT ALTERNATIVES AND PROVIDERS ON BASIS OF ADEQUATE INFORMATION

  14. Patients' Rights RIGHT TO PRIVACY AND CONFIDENTIALITY OF PERSONAL INFORMATION, INCLUDING ABOUT MEDICAL/SURGICAL TREATMENTS TO WHICH HAS BEEN SUBJECTEveryone has the right to confidentiality of information about health, diagnosis made and treatment provided

  15. 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 writingImplied consent -e.g. Transfer of information between health professionals caring for an individual patient.

  16. Patients' Rights RIGHT OF RESPECT OF PATIENT'S TIMEFIX WAITING TIME WITHIN WHICH CERTAIN SERVICES MUST BE PROVIDEDIF UNABLE TO MEET TIMESCALE, POSSIBILITY TO SEEK ALTERNATIVE SERVICES OF COMPARABLE QUALITY MUST BE GUARANTEEDPATIENT MUST BE REIMBURSED

  17. Patients' Rights DG Sanco consultation regarding communicty action on health services Rulings of ECJ • Non hospital care • Hospital care

  18. 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.”

  19. 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

  20. Patients' Rights RIGHT OF ACCESS TO INNOVATIVE PROCEDURES INCLUDING DIAGNOSTIC PROCEDURES OF INTERNATIONAL STANDARDS INDEPENDENTLY OF ECONOMIC OR FINANCIAL CONSIDERATIONSDG SANCO Consultation 3.2.2 Realising the potential of health innovation Make best use of new technologies, therapies and techniques

  21. Patients' Rights RIGHT TO AVOID UNNECESSARY SUFFERING AND PAIN IN EACH PHASE OF ILLNESSRight to pain management through provision of effective means and facilities Right of everyone to receive care to relieve pain Universal access to palliative care

  22. Patients' Rights RIGHT TO TREATMENT TAILORED AS MUCH AS POSSIBLE TO PERSONAL NEEDSA 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.

  23. Patients' Rights RIGHT TO COMPLAIN WHEN HAVE SUFFERED HARM AND TO RECEIVE RESPONSE WITHOUT PREJUDICE TO RIGHT TO TAKE LEGAL ACTIONA 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

  24. 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

  25. Patients' Rights RIGHT TO ADEQUATE AND APPROPRIATE NUTRITION

  26. 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 insurancethus for health professionals, that have already addressed the recommendation in the EESC Draftinclude protection and promotion patients' rights in ethical codes and codes of conduct for professionals

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