Patient Rights Card
Healthcare entity Astra Dent Sp.z.o.o (Astra Dent Stomatology)
1. Patient’s Right to Health Protection and Healthcare Services
- The patient has the right to health protection.
- The patient has the right to healthcare services that meet the requirements of current medical knowledge, based on available methods and means of prevention, diagnosis, and treatment of diseases, provided by doctors, dentists, nurses, midwives, and laboratory diagnosticians with due diligence and in accordance with professional ethics. In cases of limited availability of appropriate services, the patient has the right to a transparent, objective, medically-based procedure determining the order of access to services.
- The patient has the right to healthcare services provided under conditions that comply with professional and sanitary requirements specified by law.
- The patient has the right to immediate provision of healthcare services in case of threat to health or life.
- The patient has the right to request that the healthcare provider: a doctor seeks the opinion of another doctor or convenes a medical council.
- The doctor may refuse to convene a medical council or seek the opinion of another doctor if they consider the request mentioned above unjustified.
2. Patient’s Right to Information
- The patient has the right to information about their health condition.
- The patient, including a minor who has reached 16 years of age, or their legal representative, has the right to receive from a healthcare professional understandable information about the patient’s health condition, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or omission, treatment outcomes, and prognosis, within the scope of services provided by that professional and according to their qualifications. The patient or their legal representative has the right to consent to sharing the above information with others. The patient has the right to request that the healthcare professional does not provide such information.
- After receiving the information mentioned in point 2, the patient has the right to present their opinion to the healthcare professional regarding this information.
- In exceptional situations, if the prognosis is unfavorable for the patient, the doctor may limit information about the health condition and prognosis if, in the doctor’s assessment, it is in the patient’s best interest. In such cases, the doctor informs the patient’s legal representative or a person authorized by the patient. At the patient’s request, the doctor is obliged to provide the requested information in full.
- A minor patient under 16 years of age has the right to receive information mentioned in point 2 from a healthcare professional, in a scope and form necessary for the proper course of the diagnostic or therapeutic process.
- The patient, including a minor who has reached 16 years of age, or their legal representative, has the right to receive from a nurse or assistant understandable information about their treatment and necessary procedures.
- In case a doctor refuses or discontinues treatment, the patient, their legal representative, or actual caregiver has the right to receive timely information about the doctor’s intention to discontinue treatment and about the possibility of receiving healthcare services from another doctor or healthcare provider.
- The patient has the right to information about patient rights. The patient has the right to information about the type and scope of healthcare services provided by the healthcare entity, including preventive health programs funded from public resources, if such programs are implemented by the entity.
- The patient has the right to file a complaint regarding a medical service by submitting a written notification to the healthcare entity’s address or email, or verbally directly to the healthcare provider.
3. Right to Report Adverse Effects of Medicinal Products
The patient, their legal representative, or actual caregiver has the right to report to healthcare professionals, the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products, or the entity responsible for placing the medicinal product on the market any adverse effect of a medicinal product in accordance with the Pharmaceutical Law.
4. Patient’s Right to Confidentiality of Information
- The patient has the right to have information related to them kept confidential by healthcare professionals, including those providing healthcare services, obtained in connection with the exercise of the medical profession, taking into account exceptions provided by law. Healthcare professionals are obliged to keep information related to the patient confidential, particularly regarding the patient’s health condition. This does not apply, among others, when:
- keeping the information confidential may endanger the life or health of the patient or others,
- the patient or their legal representative consents to the disclosure of the information,
- it is necessary to share essential information about the patient related to the provision of healthcare services with other healthcare professionals involved in providing those services,
- in connection with proceedings before the provincial commission for medical events.
- In the situations mentioned above, disclosure may occur only to the necessary extent. When the patient or their legal representative consents to disclosure, the scope of disclosure may be determined by the patient or their representative.
- Healthcare professionals, except in the situations mentioned above, are bound by confidentiality even after the patient’s death, unless a close person consents to disclosure. The close person may determine the scope of disclosure. These exceptions do not apply if another close person objects or if the patient objected during their lifetime. Before objecting, the patient has the right to be informed of the consequences. In case of a dispute among close persons regarding disclosure, the court decides. If the patient objected during life, the court, upon request of a close person, may allow disclosure and determine its scope if necessary:
- for claiming compensation due to the patient’s death,
- to protect the life or health of a close person.
5. Patient’s Right to Consent to Healthcare Services
- The patient has the right to give consent to specific healthcare services or to refuse such consent after receiving appropriate information.
- The patient, including a minor who has reached 16 years of age, has the right to consent to an examination or to receive other healthcare services. The legal representative of a minor patient, a fully incapacitated person, or a person unable to give conscious consent has the right to provide the consent mentioned above.
- In the absence of a legal representative, this right regarding an examination may be exercised by the actual caregiver.
- A minor patient who has reached 16 years of age, a legally incapacitated person, or a mentally ill or intellectually disabled patient who possesses sufficient understanding, has the right to object to receiving healthcare services, despite the consent of a legal representative or actual caregiver. In such cases, permission from the guardianship court is required.
- The consent and objection mentioned above may be given orally or through behavior by the authorized person that clearly indicates the will to undergo or refuse the procedures proposed by the healthcare professional.
- In the case of a surgical procedure or the use of a treatment or diagnostic method that carries increased risk to the patient, consent referred to
- in point 1 must be given in written form. If consent for a surgical procedure or a treatment or diagnostic method that carries increased risk is given via the Internet Patient Account, a documented form is required.
- The rules for performing an examination or providing other healthcare services by a doctor, paramedic, or nurse despite the lack of consent or objection, as mentioned above, are specified respectively in Articles 33 and 34(6) of the Act of 5 December 1996 on the Professions of Doctor and Dentist and in Article 11(10a-10c) of the Act of 8 September 2006 on State Medical Rescue (Journal of Laws 2017, item 2195 and 2018, items 650 and 1115).
- An examination or providing other healthcare services without the patient’s consent is allowed if immediate medical assistance is required and, due to the patient’s condition or age, they cannot give consent and it is impossible to communicate with their legal representative or actual caregiver.
- The patient has the right to give consent to participate in a medical experiment after receiving information about its goals, methods, and conditions, the expected therapeutic or cognitive benefits, risks, and the possibility to withdraw from participation at any stage. If immediate withdrawal from the experiment could endanger the life or health of the participant, the doctor is obliged to inform them.
- The patient has the right to give voluntary informed consent to participate in a clinical trial after being informed about the purpose, risks, inconveniences, and conditions of the trial. The clinical trial participant may withdraw from the trial at any time.
- The patient has the right to object to the collection of cells, tissues, or organs after death and to withdraw this objection at any time.
7. Patient’s Right to Medical Records
- The patient has the right to access medical records concerning their health condition and the healthcare services provided to them.
- In the event of the patient’s death, the medical records are made available to the legal representative or another person authorized by the patient.
- The healthcare entity maintains a register regarding the provision of medical records. For providing medical records, the entity may charge a fee not exceeding the maximum amount determined each time according to Article 28(4) of the Act on Patient Rights and the Patient Ombudsman. The fee is charged for providing medical records through extracts, copies, duplicates, printouts, or on a permanent data carrier.
- The fee mentioned above is not charged when medical records are provided to the patient, their legal representative, or caregiver for the first time in the requested scope and in other cases specified by generally applicable law.
8. Patient’s Right to Object to a Medical Opinion or Decision
The patient or their legal representative has the right to object to a medical opinion or decision to the Medical Commission operating under the Patient Ombudsman if the opinion or decision affects the patient’s rights or obligations under the law.
9. General Patient Rights
- The patient has the right to designate a person, institution, or legal representative whom the healthcare entity providing stationary and round-the-clock healthcare services must immediately notify in case of deterioration of the patient’s health endangering life or in the event of the patient’s death.
- The patient has the right to file a complaint against a doctor to the professional responsibility ombudsman at the competent medical chamber in case of suspected conduct contrary to ethical and professional standards or violation of medical practice regulations.
- The patient has the right to file a complaint against a nurse or midwife to the professional responsibility ombudsman at the competent nursing and midwifery chamber in case of suspected conduct contrary to professional ethics or violation of regulations concerning the nursing or midwifery profession.
- The patient has the right to file a complaint against a laboratory diagnostician to the disciplinary ombudsman at the National Chamber of Laboratory Diagnosticians in case of suspected negligent or improper performance of laboratory diagnostic activities, conduct contrary to professional ethics, or violation of regulations concerning laboratory diagnostic activities.
- The patient has the right to file a complaint regarding the violation of patient rights to the Patient Ombudsman.
Legal basis: Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483) and the Act of 6 November 2008 on Patient Rights and the Patient Ombudsman (Journal of Laws of 2017, item 1318, as amended), the Act of 15 April 2011 on Healthcare Institutions (Journal of Laws No. 91, item 408, 1992 No. 62, item 315, 1994 No. 121, item 591, 1995 No. 138, item 682, 1996 No. 24, item 110, 1997 No. 104, item 661, No. 121, item 769, No. 158, item 1041, 1998 No. 106, item 668, No. 117, item 756, 1999 No. 28, item 256, No. 28, item 255, No. 84, item 935, and 2000 No. 3, item 28, No. 12, item 136), the Act of 15 April 2011 on Medical Activity (Journal of Laws 2011, No. 112, item 654, Journal of Laws 2015, item 618 as amended, Journal of Laws 2016, item 960, 1793 as amended, Journal of Laws 2017, item 759 as amended), the Act of 5 December 1996 on the Professions of Doctor and Dentist (Journal of Laws No. 28, item 28, No. 88, item 554, 1998 No. 106, item 668, 1999 No. 60, item 636, No. 64, item 729, 2000 No. 12, item 136, No. 60, item 698, Journal of Laws 2011, No. 277, item 1634, 2012 No. 95, item 1456, 2013 items 1245, 1287, 1645, 1650, Journal of Laws 2017, item 125 as amended), the Act of 15 July 2011 on the Professions of Nurse and Midwife (Journal of Laws 2011 No. 174, item 1039, Journal of Laws 2013, item 940, Journal of Laws 2015, item 1640, Journal of Laws 2017, item 123 as amended), the Act of 19 August 1994 on Mental Health Protection (Journal of Laws No. 111, item 535, 1997 No. 88, item 554, No. 113, item 731, 1998 No. 106, item 668, 1999 No. 11, item 95, Journal of Laws 2011 No. 231, item 1376, consolidated text from 01.01.2012, Journal of Laws 2017.)