Maarit Outinen, M.Sc., Senior Planning Officer STAKES, Quality of Services Group

1. Maarit Outinen, M.Sc., Senior Planning Officer STAKES, Quality of Services Group PATIENTS’ RIGHTS IN FINLAND ENQual workshop 2.-3.4.2004

2. ENQual workshop 2.-3.4.2004 Maarit Outinen THE ACT ON THE STATUS AND RIGHTS OF THE PATIENTS (1993) - consent of the patient, agreement to the forms of treatment - information (if they request) on their state, treatment, risks - right to see and correct information entered in their histories - those on a waiting list: reason and estimated duration - opinion of young patients taken into account - a child’s parent/guardian not entitled to refuse treatment that would risk or save the life of an underage patient (continued)

3. ENQual workshop 2.-3.4.2004 Maarit Outinen DISSATISFIED PATIENTS ENTITLED TO LODGE A COMPLAINT ESTABLISMENTS MUST HAVE A PATIENT OMBUDSMAN Duties of the patient ombudsman - to inform the patients of their rights - to assist patients, if necessary, to complaint, appeal or claime for indemnity Patients can submit a complaint to 1. the director responsible for the unit of care 2. the State Provincial Offices 3. the National Authority for Medicolegal Affairs

4. ENQual workshop 2.-3.4.2004 Maarit Outinen • THE ACT ON PATIENT INJURY (585/1986) • - providers of health care services must have a patient • insurance • - safeguards the patient’s interests in the event of malpractice • - idemnity can be claimed by the patient based on: • - personal damage to the patient because of an error in • medical treatment, care or neglicence • - failure in the function of a medical device • - infection after treatment or care • - accident in treatment • - fire in the location/devices • - delivery of medicines against the legislation • - sickness/disability/death following treatment or care

5. ENQual workshop 2.-3.4.2004 Maarit Outinen AMOUNT OF CLAIMS COMPENSATED 1999 7215 1946 2000 7023 2161 2001 7192 2128 2002 7125 2189 2003 7565 2356 - feedback to the institutions for qualit/risk management

6. ENQual workshop 2.-3.4.2004 Maarit Outinen ACT ON COMPENSATION OF DAMAGES ACT ON PRODUCT LIABLITY - devices permanently attached to the patients CONSUMER PROTECTION - concerns only private health care services - municipal consumer advisors

7. ENQual workshop 2.-3.4.2004 Maarit Outinen MEASURES ENSURING ACCESS TO TREATMENT - in the Decision in Principle by the Council of State on securing the future of health care 2002 - will be embodied in legislation by the year 2005 1. Access to an initial assesment by a primary health care professional, normally a physician, within three days of contacting the service 2. Access to an assessment by an outpatient department of a specialised health care unit within three weeks of the issue of a referral (continues)

8. ENQual workshop 2.-3.4.2004 Maarit Outinen ACCESS TO TREATMENT (continued) 3. Access to medically justified treatment within a reasonable period, wich should normally be within 3 and no later than 6 months 4. if cannot be provided by at a facility maintained by the local health centre (= hospital disrict hospitals), must be procured from another service provider at no extra charge to the patient

9. THE NATIONAL ADVISORY BOARD ON HEALTH CARE ETHICS (ETENE) - deals with ethical issues related to health care and the status and rights of patients from the point of view of principle - can take initiatives and issue opinions and recommendations on ethical health care issues

10. PATIENT PARTICIPATION IN FINLAND ENQual workshop 2.-3.4.2004 Maarit Outinen Stakes, Finland

11. SITUATION AS BASED ON THE QUALITY MANAGEMENT SURVEY IN 1999 - opinions of the managers of the organisation! Participation of patients or patient organisations in - evaluation of achievement of quality targets 21 % - development of criteria 10 % - quality committees 8 % - quality improvement projects 10 % - development of protocols or quidelines 14 %