Patient rights
Patient rights
"In an amicable settlement or court proceedings, it is very important that you are assisted by a specialist who is aware of these rights and the more recent developments on this in practice."
Belgian case law generally assumes that a contractual relationship, or treatment agreement, exists between the doctor and the patient. Consequently, there is a contractual legal relationship.
This medical treatment agreement is a consensual contract. It arises from a mere agreement of will between the parties: on the one hand, the doctor undertakes to advise and/or treat his patient, while on the other hand, the patient undertakes to pay the fee.
This agreement also imposes a number of mandatory obligations on the physician. For example, consider the physician's obligation to:
- clearly inform you as a patient about treatment(s);
- maintain proper medical records;
- handle your data with care and respect for your privacy;
The law requires the physician to exercise the care of a good health care provider and to act in accordance with his responsibility as derived from the professional rules applicable to him.
Patient Rights Act
In this context, reference may be made to the Patient Rights Act of August 22, 2002, specifically:
Article 5 - Right to quality service provision
The best possible service is provided to each patient, according to his/her needs, based on medical knowledge and available technology.
These services are provided with respect for the human dignity and autonomy of each patient, without discrimination based on social class, sexual orientation or worldview.
Article 6 - Right to free choice of practitioner
The patient chooses a professional and can always review this choice
In certain cases, this free choice may be limited pursuant to law or health care circumstances (e.g., mandatory admission of a mentally ill person, only one specialist in a hospital).
On the other hand, any professional can refuse to provide a service to a patient for personal or professional reasons, except in emergencies.
If treatment is interrupted, the practitioner must ensure continuity of care.
Article 7 - Right to be informed of his state of health and its probable evolution
The practitioner provides the patient with all necessary information to determine his or her health status (diagnosis) and its probable evolution.
Article 8 - Right to informed, prior and free consent to an intervention
Before starting treatment, the practitioner should obtain the patient's free and informed consent.
This implies that the professional has adequately informed the patient about the characteristics of the treatment, specifically:
- The fee of the professional concerned;
- Risks associated with a particular operation;
- Clear guidelines related to aftercare;
- Possible side effects/side effects;
- Possible alternatives;
Article 9 §1 - Right to a carefully maintained and securely stored patient record
The professional shall keep careful records of each patient, which shall be kept in a safe place.
If the patient changes professionals, he or she may request transfer of the record to ensure continuity of care.
