In our last article, we looked at what patients’ rights are. Today, we would like to look at whether they are balanced by duties. At the same time, we will also look at the ways in which patients can assert their rights.
In our last article, we looked at what patients’ rights are. Today, we would like to look at whether they are balanced by duties. At the same time, we will also look at the ways in which patients can assert their rights.
This is not an absolute obligation, of course, as the patient always has the option of not consenting to treatment or signing a reversal. However, if you as a patient have given your consent, you should respect the proposed course of action and follow it.
If the patient requires the best and most appropriate medical care possible for him or herself, it is also the patient’s responsibility to truthfully provide all relevant information that the doctor needs to make his or her decision. This includes information about previous treatment provided by other facilities, information about the use of medication, dietary supplements or substance abuse that could also affect treatment.
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The basis of successful treatment is respecting the doctor’s instructions, which normally include abstaining from alcohol and other addictive substances that may interact negatively with other medications and affect treatment significantly (in a negative way).
Many health services, or at least some of them, are not covered by health insurance. If you have consented to them, you should pay the cost according to the price list published by the provider.
Tip: Your employer may ask you for an extract from your medical records when you start work or for an ongoing occupational health check. However, you must never consult it yourself and must always pay for it. In this article, we’ll look at what else the law says about the statement and the medical records themselves.
Knowing your rights and responsibilities when you are hospitalised is of course essential. But do you know how to defend yourself if your rights are denied or if there is other misconduct on the part of healthcare professionals? There are a number of legal institutes and institutions that help patients to protect their rights.
Some hospitals, especially larger ones, set up a so-called hospital ombudsman for their patients. His role is to resolve or calm situations where the patient is not satisfied with the doctors’ actions. Often this is also a doctor who can make a largely professional judgement on the actions of his colleagues. Sometimes the ombudsman is a lawyer by training and assesses cases primarily from a legal perspective. He or she may also act as a mediator and help negotiate, for example, some compensation or an apology for the patient. Whether one can always speak of complete independence is, of course, questionable, given that they are usually employees of the hospital.
Tip: All of us become patients from time to time and find ourselves in a variety of relationships that also have a legal side. What are patients’ rights, how can they be enforced and what are the obligations of patients? We will look at this in our separate article.
If the hospital does not have a hospital ombudsman, a complaint can be made to the supervisor of the doctor who committed the misconduct or directly to the hospital management. However, you can also contact the founder, which may be a region, municipality or other legal entity.
If a patient believes that, for example, there has been a misdiagnosis of treatment or an illegal act, he or she can contact one of the professional chambers. First of all, the Czech Medical Chamber. Other institutions are the Czech Chamber of Dentistry and the Czech Chamber of Pharmacy.
These chambers have disciplinary powers over their members, and it is compulsory for doctors and pharmacists to join them if they wish to practise their profession in the Czech Republic.
You can complain within one year from the time when you think a doctor’s misconduct occurred. Of course, you can only complain to the Czech Medical Chamber about the doctor and not, for example, about a nurse who works with the doctor.
The complaint must be in writing and must not be anonymous, otherwise the CMA will not deal with it. However, it is not necessary for the complaint to be made by the injured patient himself, but, for example, by his relatives.
If it is found necessary to initiate disciplinary proceedings against the doctor in question, he/she may be reprimanded, fined or suspended or expelled from the Chamber.
The patient may also use the findings of the disciplinary proceedings in court proceedings.
Although an investigation by a professional chamber should be objective and independent, it should still be borne in mind that it is a chamber that is supposed to defend the interests of the profession. Often, therefore, a complaint is found to be unfounded.
The Ombudsman can only be approached with a specific agenda, which is arbitrary and improper action by the authorities. He or she cannot help you with most complaints about doctors and their practices. You can turn to the Ombudsman when your complaint concerns a health insurance company, a regional authority in the exercise of state administration, or the Ministry of Health.
The insurance company will typically help you with situations where you are not satisfied with the availability of healthcare or with the reimbursement of healthcare. Some of the media’s well-known disputes have involved decisions on exceptional reimbursement of otherwise unreimbursed health care under Section 16 of the Public Health Insurance Act. Generally, the scope of a health insurer’s jurisdiction extends to those facilities with which it has a contract.
A lawsuit is sometimes the last choice for patients, but often the most effective. As we mentioned above, some of the procedures for asserting one’s rights mean that the case is again handled by an employee or person hired by the institution. Despite best efforts, objectivity may be compromised in some way. In contrast, a lawyer is purely on your side and tries to get the most out of the situation. With an attorney by your side, you have a number of options. You can pursue an out-of-court settlement, which is often advantageous to the medical facility, as it allows them to avoid media coverage and loss of reputation. You can file a lawsuit for damages and non-economic personal injury.
The classic option is then to file a lawsuit or send a pre-suit notice. For example, you have the right to claim compensation for pain and suffering, inconvenience to society, and medical expenses. A few years ago, the decree on pain and suffering points was repealed. The court has discretion to do so depending on the circumstances of the case.
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Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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