Helpline: +48 17 773 57 10

up
Important phone numbers
Helpline: +48 17 773 57 10
Main Registration:  +48 17 773 57 00/01/02
Specialist Clinics’Registration:  +48 17 773 57 21
Admissions: +48 17 773 57 03
Dentistry:  +48 17 773 57 57/58/59
Pro-FamiliaPharmacy:  +48 17 773 57 22
Pro-Familia Medical Store:  +48 17 773 58 95
Email us:  szpital@pro-familia.pl

 

For Patients

Patient Rights

Patient Rights

We invite you to get acquainted with a set of regulations concerning patient rights:

GENERAL SECTION

Refers to patients who: use health care services as part of the health insurance, use the private sector of medical services and other individuals who are non-insured.

PATIENT RIGHTS

  1. The right to health protection (Art. 68 paragraph 1 of The Constitution of The Republic of Poland of 2nd April 1997 (Dz. U. No. 78, item 483, as amended )).
  2. The right to health services corresponding with the requirements of medical knowledge, based on the available methods and preventive measures, recognition of illness and treatment, given by doctors, dentists, nurses, midwives, laboratory diagnosticians with due diligence and in accordance with the principles of professional ethics, and in situation of limited opportunities for granting adequate benefits - to use reliable, based on medical criteria procedure setting the order of access to services (Art. 19 paragraph 1, item 1 of the Act of 30 August 1991 on healthcare institutions (Dz. U. of 2007 No. 14, item 89), hereinafter referred to as the "Act on health care institutions"; Art. 4 of the Act of 5 December 1996 on the professions of doctor and dentist (Dz. U. of 2005 No. 226, item 1943, as amended), hereinafter referred to as the "Act on professions of doctor and dentist"; Art. 18 of the Act of 5 July 1996 on professions of nurse and midwife (Dz. U. of 2001 No. 57, item 602, as amended), hereinafter referred to as the "Act on professions of nurse and midwife"; Art. 21 of the Act of 27 July 2001 on laboratory diagnostics (Dz. U. of 2004 No. 144, item 1529, as amended), hereinafter referred to as the "Act of laboratory diagnostics").
  3. The right to immediate medical assistance in health care institutions, with regard to the threat of health or life of the patient (art. 7 of the Act on health care institutions).
  4. The right to privacy and respect of personal dignity during providing health care services (Art. 19 paragraph 1, item 4 of the Act on health care institutions; Art. 36 paragraph 1 of the Act on professions of doctor and dentist).
  5. The right to die in peace and dignity (Art. 19 paragraph 1, item 5 of the Act on health care institutions).
  6. The right (of patient or legal representative) to obtain reasonable information from the doctor about his or her health condition, diagnosis, proposed and possible diagnostic methods, treatment, foreseeable consequences of their use or desistance, results of treatment and prognosis. The doctor may be released from this obligation only at the request of patient. The doctor may provide the above mentioned information to other individuals only with the consent of the patient (Art. 31 paragraph 1 - 3 of the Act on professions of doctor and dentist; Art. 19 paragraph 1, item 2 of the Act on health care institutions).
  7. The right to consent to conduct test or to provide other health services, after obtaining the relevant information from the doctor. If the applicable provisions of law do not provide otherwise, the patient's consent may be given orally or even through such his or her behavior, that clearly indicates an intention of undergoing medical actions proposed by a doctor (Art. 32 paragraph 1 and 7 of the Act on professions of  doctor and dentist; art. 19 paragraph 1, item 3 of the Act on health care institutions).
  8. The right to express written consent to the surgery or the use of treatment method or diagnostics causing an increased risk for the patient (Art. 34 paragraph 1 of the Act on professions of doctor and dentist).
  9. The right to express written consent (in case of impossibility to give such consent in the above form, a consent given verbally in the presence of two witnesses is equivalent) to participate in a medical experiment after obtaining information about goals, methods and terms of conduct of the experiment, the expected therapeutic or cognitive profits, risks and the possibility of withdrawal from participation in the experiment, in each of its stages. The doctor is obliged to inform patient about danger to life or health that can be caused by immediate break of experiment (Art. 24, 25 paragraph 1 of the Act on professions of doctor and dentist).
  10. The right to express consciously of free will in writing to participate in a clinical trial (in case of impossibility to give such consent in the above form, a consent given verbally in the presence of two witnesses is equivalent), after previous informing on the essence, significance, implications and risks of the clinical trial. Clinical trial participant may, at any time, without detriment for yourself, withdraw from the clinical trial (Art. 37b, paragraph 2, item 2, Art. 37f of the Act of 6 September 2001 - Pharmaceutical Law (Dz. U. of 2004 No. 53, item 533, as amended), hereinafter referred to as "pharmaceutical law").
  11. The right to express objection to sample cells, tissues and organs after patient's death and to withdrawal this objection at any time (Art. 5 and 6 of the Act of 1 July 2005 on the recovery, storage and transplantation of cells, tissues and organs (Dz. U. No. 169, item 1411), hereinafter referred to as the "Act of transplantation").
  12. The right to accommodation and sustenance adequate to the patient's health in health care institutions intended for individuals requiring twenty-four hour or day-long health services (Art. 20 paragraph 1, item 3 of the Act on health care institutions).
  13. The right to additional nursing care conducted by a close person or another person designated by the patient in health care institutions (Art. 19 paragraph 3, item 1 of the Act on health care institutions).
  14. The right to personal contact, telephone or correspondence with individuals from outside of health care facilities. However, personal contact may be limited in case of epidemic threat or due to the conditions of other sick people in the hospital. The head of the health care institution or an authorized physician may restrict the right to personal contact with outsiders, including performing of nursing care by a close person or another person designated by the patient (Art. 19 paragraph 3, item 2 and Art. 19, paragraph 5 of the Act of health care institutions).
  15. The right to pastoral care in health care institutions (Art. 19 paragraph 3, item 3 of the Act on health care institutions).
  16. The right to determine the person or institution that health care institution is obliged to immediately notify in case of deterioration of the patient's health condition poses an immediate danger to life or in case of patient's death (Art. 20 paragraph 2 of the Act on health care institutions).
  17. The right to be discharged from the hospital when the patient's health condition does not require further treatment in hospital or at patient's own request - in such situation the patient has the right to be informed of the possible consequences of discontinuation of treatment in hospital. While discharging from hospital patients has the right to receive original and one copy of Information Card from hospital stating the diagnosis in Polish (Art. 22 of the Act on health care institutions, clause 16, paragraph 1 and 2, item 1 of the Regulation of the Minister of Health, dated 21 December 2006 on the types and extent of medical record in health care and its processing (Dz. U. No. 247, item 1819), hereinafter referred to as the "Regulation on medical documentation").
  18. The right to express objection personally or by the legal representative to perform autopsy in health care institutions (Art. 24 paragraph 3 of the Act on health care institutions).
  19. The right to access to medical records at the request of the patient, his legal representative or individual authorized by the patient, and in the case of death - an individual authorized by the patient to obtain the documentation in the event of patient's death in the form of: inspection of medical documentation in the health care institution or by payable preparation its extracts, copies (Art. 18 of the Act on health care institutions; clause 52 of the Regulation on medical documentation).
  20. The right to protection of data contained in medical records and other associated with providing health care services (Art. 27 of the Act of 29 August 1997 on Protection of Personal Data (Dz. U. of 2002 No. 101, item 926, as amended); Art. 18 paragraph 2 of the Act on health care institutions; clause 52 paragraph 2 of the Regulation on medical documentation).
  21. The right to keep confidential information related to the patient obtained by medical personnel in connection with duties they perform, considering exceptions provided by law (Art. 40 of the Act on professions of doctor and dentist; Art. 21 of the Act on professions of nurse and midwife; Art. 29 of the Act on laboratory diagnostics).
  22. The right to store valuable things in deposit of health care institutions intended for individuals requiring twenty-four hour or day-long health care services (Art. 19b of the Act on health care institutions).
  23. The right to obtain from the doctor and dentist information about the real possibility of obtaining health services from another physician or in health care institution if the doctor refused to provide health service (Art. 38 paragraph 2 of the Act on professions of doctor and dentist).
  24. The right to receive from pharmacist in case of sudden threat to health or life without a prescription of medicinal product reserved to issue on prescription in the smallest therapeutic package with the exception of narcotic drugs, psychotropic substances and precursors of IR group (Art. 96 paragraph 2 of the Act on pharmaceutical law).
  25. The right to access to information about patient rights in health care institution. The nurse, midwife has an obligation to inform the patient of his or her rights. (Art. 19 paragraph 6 of the Act on health care institutions; Art. 20 of the Act on professions of nurse and midwife).
  26. The right to complain at the doctor and dentist to the professional liability officer through adequate medical chamber in case of suspicion of proceedings contrary to the principles of professional ethics and deontology and for infringement of the rules concerning the medical profession  (Art. 41 of the Act of 17 May 1989 on Chambers of Physicians (Dz. U. No. 30, item 158, as amended)).
  27. The right to complain at the nurse and midwife to the professional liability officer through adequate chamber of nurses and midwives in case of suspicion of proceedings contrary to the principles of professional ethics and for culpable infringement of the rules concerning profession of nurse and midwife (Art. 38 of the Act of 19 April 1991 on professional self-government of nurses and midwives (Dz. U. No. 91, item 178, as amended)).
  28. The right to complain at the laboratory diagnostician to the disciplinary spokesman at the National Chamber of Laboratory Diagnosticians in case of suspicion of proceedings contrary to the principles of professional ethics or rules concerning functioning of laboratory diagnostics (Art. 56 paragraph 1 of the Act on laboratory diagnostics).

 

DETAILED PART

Refers to patients using health care services, on the basis of equal access, financed from public funds under the conditions and within the limits defined in the Act of 27 August 2004 on publicly funded healthcare benefits (Dz. U. No 210, item 2135, as amended), hereinafter referred to as "Benefits Act".

CHAPTER 1

PATIENTS' RIGHTS IN HEALTH CARE INSTITUTIONS E.G.: AT THE CLINIC, HEALTH CENTER, DISPENSARY, OUT-PATIENTS' CLINIC

AS A PATIENT UNDER THE HEALTH INSURANCE YOU HAVE THE RIGHT TO:

  1. Choose and change your doctor, nurse and midwife of primary medical care among doctors, nurses and midwives of health insurance. The objective change may take place no more than twice in a calendar year, and in case of any following change, you are obliged to pay a fee of 80zl - this does not include change of residence and the situation of cessation of providing health care services by chosen doctor, nurse or midwife of primary medical care and other reasons independent of your will on condition resulting from existing legislation [1] (Art. 28 paragraph 1 Benefits Act).
  2. Choose a dentist among dentists who have concluded contracts for the provision of health care services with the National Health Fund (NFZ) on condition resulting from existing legislation [2] (Art. 31 paragraph 1 Benefits Act).
  3. Access to the health services of a dentist and dental materials used when providing such services, classified as guaranteed services (Art. 31 paragraph 2 Benefits Act).
  4. If you're a woman in pregnant or during the postpartum period, you are entitled to additional health services of a dentist and dental materials used when providing such services, classified as guaranteed services for such individuals (Art. 31 paragraph 3 Benefits Act).
  5. Choose the health care provider who delivers ambulatory specialist services from among those providers, who have concluded contracts for the provision of health care services with the National Health Fund (NFZ) on condition resulting from existing legislation [3] (Art. 29 of the Benefits Act).
  6. Ambulatory specialist services financed from public funds provided upon referral from a physician of health insurance.

The above-mentioned referral is not required to services:

1) gynecologist and obstetrician;
2) dentist;
3) dermatologist;
4) venereologist;
5) oncologist;
6) ophthalmologist;
7) psychiatrist;
8) for individuals suffering from tuberculosis;
10) for individuals infected with HIV;
11) for war invalids and victims of repressions;
12) for the blind civilian victims of war;
for individuals addicted to alcohol, drugs and psychotropic substances – in substance abuse treatment;
for the entitled soldier or employee, in the treatment of injuries or illnesses incurred while performing duties outside the country (Art. 57 paragraph 1 and 2 Benefits Act).

  1. Services of therapeutic rehabilitation from the service provider who has concluded contract for the provision of health care services with the National Health Fund (NFZ), provided upon referral from a physician of health insurance (Art. 59 of the Benefits Act).
  2. The supply of medical products being orthopedic items, and aids at the order of a doctor of health insurance or hospital feldsher of health insurance (Art. 40 paragraph 1 Benefits Act).
  3. Registration at health care provider in particular: personally, by a third party and by telephone (clause 12 of the Annex to the Regulation of the Minister of Health dated 6 October 2005 on general conditions of contracts for giving health services (Dz. U. No 197, item 1643)).
  4. In the state of emergency - to immediately obtain health care services to the necessary range also by a healthcare provider who has not signed a contract for the provision of health care services with the National Health Fund (Art. 19 paragraph 1 Benefits Act).
  5. Health care services on the basis and in the range of specified for the insured, and if you are not insured person but you are during pregnancy, childbirth and the postpartum period (Art. 13 paragraph 1, item 2 of the Benefits Act).
  6. Transportation with sanitary vehicles (including aviation) - at the order of a doctor of health insurance or hospital feldsher of health insurance, to the nearest health care institution providing services in  the correct range, and back: free of charge in case:

1) of the necessity to undertake immediate treatment in a health care institution;
2) resulting from the need to preserve continuity of treatment.
Moreover you are entitled to, upon order of doctor of health insurance or hospital feldsher of health insurance, free of charge transportation with sanitary vehicles - in the case of locomotor organ dysfunctions preventing the use of public transport, in order to undergo treatment - to the nearest health care institution providing services in the correct range, and back (Art. 41 paragraph 1 and 2 Benefits Act).

  1. Medical opinions and certificates issued free of charge, if they are related to: further treatment, rehabilitation, inability to work, continuing of learning, participation of children, students, listeners of training institution for teachers, students in sports activities and organized recreation, and also issued for the purpose of social assistance or obtaining nursing allowance (Art. 16 paragraph 1, item 1 of the Benefits Act).

 

CHAPTER 2

PATIENT RIGHTS IN HOSPITAL

 

AS A PATIENT WITH HEALTH INSURANCE YOU HAVE THE RIGHT TO:

  1. The choice of hospital among hospitals who have concluded contracts for the provision of health care services with the National Health Fund (NFZ) on condition resulting from existing legislation [4] (Art. 30 Benefits Act).
  2. Admission to the hospital, which has a contract for the provision of health care services with the National Health Fund (NFZ), provided upon referral from (every) physician, dentist or hospital feldsher if the aim of treatment cannot be achieved through ambulatory treatment in accordance with established, based on medical criteria waiting list (Art. 58, Art. 20 - 23 of the Benefits Act).
  3. Be provided with a health service without required referral - in emergencies (e.g. an accident, poisoning, childbirth, state threatening life or health), in the above mentioned states, you also have the right to immediately obtain health care services to the necessary range also by a healthcare provider who has not signed a contract for the provision of health care services with the National Health Fund (Art. 19 paragraph 1, Art. 60 of the Benefits Act).
  4. Transportation with sanitary vehicles (including aviation) - at the order of a doctor of health insurance or hospital feldsher of health insurance, to the nearest health care institution providing services in  the correct range, and back: free of charge in case:

1) of the necessity to undertake immediate treatment in a health care institution;
2) resulting from the need to preserve continuity of treatment.
Moreover you are entitled to, upon order of doctor of health insurance or hospital feldsher of health insurance, free of charge transportation with sanitary vehicles - in the case of locomotor organ dysfunctions preventing the use of public transport, in order to undergo treatment - to the nearest health care institution providing services in the correct range, and back (Art. 41 paragraph 1 and 2 Benefits Act).

  1. Consent (besides doctor's approval) for the participation of other people outside the medical staff necessary due to the type of health services provided to you (art. 36, paragraph 2 of the Act on professions of doctor and dentist).
  2. Consent for the participation when providing you the health services: students of medical science, doctors and other medical personnel, in case of demonstration of a purely didactic nature, if you are a patient of a clinic, hospital of medical school, medical research and development center or other unit entitled to education mentioned above (Art 6, paragraph 4 of the Act on professions of doctor and dentist).
  3. Request for consultation by the physician (providing you the health care services) with other competent medical specialist or for arranging a consultation of physicians in case of diagnostic or therapeutic doubts, if the above-mentioned physician deems it reasonable in light of the requirements of medical knowledge (Art. 37 of the Act on professions of doctor and dentist ).
  4. Free pharmaceutical products and medical materials necessary to provide you the health services if they are required to deliver the service (Art. 20 paragraph 1, item 2 of the Act on health care institutions; Art. 35 of the Benefits Act).

 

CHAPTER 3

PATIENTS' RIGHTS IN PSYCHIATRIC HOSPITAL

 

3.1. ADMISSION TO HOSPITAL BY CONSENT OF A PATIENT

  1. Admission to the psychiatric hospital of individual with mental disorders takes place on written consent of this individual on the basis of a valid referral to hospital, if doctor assigned to this action, after a personal examination, states indication to  admission. However, in urgent cases, particularly in the absence of possibility of obtaining medical treatment before coming to the hospital, an individual with mental disorders may be admitted to the psychiatric hospital on this person's written consent, without a referral (Art. 22 paragraph 1 and 1a of the Act of 19 August 1994 on mental health protection (Dz. U. No 111, item 535, as amended), hereinafter referred to as the "Act on mental health protection").
  2. If admission to a psychiatric hospital relates to an adult, completely incapacitated person, capable of giving permission, the consent on admission from such individual is also required. In case of contradictory declarations of a patient and his or her  legal representative concerning admission to the psychiatric hospital, consent to admission to the hospital is assented by the court of protection with jurisdiction over the place of residence of the person (art. 22, paragraph 4 of the Act on mental health protection).

 

3.2. ADMISSION TO HOSPITAL WITHOUT THE CONSENT OF A PATIENT

  1. Admission to the psychiatric hospital of individual mentally ill or mentally handicapped, unable to give consent or attitude to admission to the psychiatric hospital and treatment, takes place after obtaining the consent of the court of protection with jurisdiction over the place of residence of the person. In urgent cases admission to the psychiatric hospital may take place without the prior consent of the court of protection. In this case the doctor has the obligation, if possible, to ask for written opinion of another doctor, whenever possible a psychiatrist, or written opinion of a psychologist (Art. 22 paragraph 2 and 2a of the Act on mental health protection).
  2. A mentally ill person can be admitted to the psychiatric hospital without consent as required in Art. 22 of the Act on the mental health protection, only if his or her current behavior indicates that, due to an illness directly threatens his or her life or the life or health of other persons (Art. 23 paragraph 1 of the Act on mental health protection).
  3. About the admission to the psychiatric hospital decides doctor appointed to this task, after a personal examination of the patient (after anticipating about the reasons of examination) and obtaining the opinion of a second doctor, if possible psychiatrist or psychologist. The doctor is obliged to explain to the patient the reasons of admission to the hospital without the consent and inform the patient about his or her rights (Art. 21 paragraph 2, Art. 23, paragraph 2 and 3 of the Act on mental health protection).
  4. Admission to the psychiatric hospital requires approval of head of department within 48 hours of admission. Head of the hospital shall inform the court of protection of the place of seat of the hospital within 72 hours of admission (Art. 23, paragraph 4 of the Act on mental health protection).
  5. Legal proceedings before the court of protection shall be discontinued if the patient, after the admission without the consent, expressed afterwards consent on staying in this unit, after hearing the person (Art. 26 of the Act on mental health protection).

 

3.3. DURING THE HOSPITALIZATION AS A PATIENT YOU HAVE THE RIGHT TO:

1. Free health services in the range of mental health care and free medicines, medical goods and adjuvants, if you are mentally ill (indicating psychotic disorders) or mentally disabled, even if you are not insured (Art. 10 paragraph 1 and 2, Art. 3 item 1a and the Act on mental health protection).
2. Be ensured that medical staff when choosing the type and methods of treatment, take into account not only the health goals, but also your interest and your other personal interests, and strive to achieve the improvement of health condition in a manner least burdensome for you (Art. 12 of the Act on mental health protection).
3. Communicate without restrictions with family and other persons (Art. 13 of the Act on mental health protection).
4. Not controlling your correspondence (Art. 13 of the Act on mental health protection).
5. Get help in protecting your rights as a patient, in particular:

  1. meeting with the Ombudsman of Patients' Rights in Psychiatric Hospital, under conditions ensuring freedom of speech, no later than 7 days from the date of filing such need,
  2. giving oral and written complaints with regard to violations of your rights and obtaining information about the outcome of submitted by you case,
  3. obtaining information about the outcome of submitted case (Art. 10a paragraph 1 and 4 of the Act on mental health protection).

6. Obtain the consent of head of department for periodic staying outside the hospital without being discharged from unit (pass), if it does not threaten your life or the life and health of other persons (Art. 14 of the Act on mental health protection).
7. Not establishing your declarations including the admission of committing offense under penalty in documentation concerning examinations or process of your treatment (Art. 51 of the Act on mental health protection).
8. Be acquainted with the planned therapeutic conduct by a doctor (Art. 33 paragraph 2 of the Act on mental health protection).
9. Express separate consent or the consent of your legal representative for health services posing an increased risk, such as:

  1. cisternal or lumbar puncture performed to collect cerebrospinal fluid or administer drugs;
  2. treatment with comatose method (atropinal comas, insulin comas);
  3. electric shock therapy.


You also have the right to receive from the doctor information about the foreseeable consequences of health services mentioned above (clause 1 and 2 of the Regulation of the Minister of Health and Social Welfare dated 4 August 1995 on the list of health care services requiring separate consent of patient or his legal representative (Dz. U. No 100, item 503)).
10. To be anticipated about intention to use toward you direct compulsion by the time such means will be undertaken together with extreme caution and care about your well-being by medical personnel during applying direct compulsion (Art. 18, paragraph 4 of the Act on mental health protection).
11. Ensure that direct compulsion in the form of immobilization or isolation on the order of a physician could not last longer than 4 hours. However, in case of need, a physician, after personal examination, may extend immobilization for subsequent periods of 6 hours (clause 9 paragraph 2 of the Regulation of the Minister of Health and Social Welfare dated 23 August 1995 on the manner of use of direct constraint (Dz. U . No. 103 item 514), hereinafter "Regulation on the manner of use of direct constraint").
12. Short-term release from immobilization to change position or to meet the needs of physiological and hygienic, not less frequently than every 4 hours (clause 14 paragraph 1, item 2 of the Regulation on the manner of use of direct constraint).
13. Maintain secrecy by persons performing activities under the Act on mental health protection, everything they become aware in connection with the performance of these activities with the exception of situations defined by the above act when they are released of secrecy [5] (art. 50 of the Act on mental health protection).
14. Ensure that rehabilitation activities conducted in psychiatric hospitals and social welfare homes were not subordinated to economic targets (Art. 15 paragraph 1 of the Act on mental health protection).
15. That the plant manager of psychiatric healthcare institution in the event that your legal representative fails to duly perform its duties towards your person, to notify about that fact the court of protection competent of the place of your residence (art. 17 of the Act on mental health protection).
16. Submit an application to the court of protection of the place of the seat of psychiatric hospital to appoint a guardian if you believe that during your stay in the hospital you need help to conduct all your affairs or matters of a particular kind (Art. 44 paragraph 1 of the Act on mental health protection).
17. To be heard by visiting judge no later than within 48 hours of receiving the notice by the court of protection from head of psychiatric hospital if you have been accepted in accordance with Art. 23 (Individual with mental trouble/psychic disturbances may be admitted to mental hospital only when her/his current behavior indicate that because of illness he/she threaten directly his/her life or  life  or  health  of  other individuals), Art. 24 (Individual  whose  current  behavior  indicate  that because of psychic disturbances he/she threaten directly his/her life or life or health of other individuals, and  there  are  doubts  if  this  person  is  mentally ill, then stay at hospital cannot last longer than 10 days) and Art. 28 (In case of withdrawal of previously expressed consent upon admitting to mental hospital) (Art. 45 paragraph 2 of the Act on mental health protection).
18. To request a legal aid lawyer in pending proceedings before a court of protection in cases specified in the Act on mental health protection (Art. 48 of the Act on mental health protection).
19. To appeal from the decision of the court of protection concerning admission to a psychiatric hospital without your consent, to the court of second instance (Art. 42 and 47 of the Act on mental health protection).
20. To submit an application in any form in order to releasing you from the psychiatric hospital - if you are hospitalized on your consent (Art. 36 paragraph 1 of the Act on mental health protection).
21. To submit an application in any form in order to releasing you from the psychiatric hospital, not earlier than 30 days after the validation of decision of the court of protection concerning admission to the hospital or further treatment without your consent. Head of department decides about your release, if he approves that reasons of your admission and staying in psychiatric hospital, provided in act on mental health protection, stopped (Art. 35 paragraph 1 and Art. 36 paragraph 1 and 2 of the Act on mental health protection).
22. To present to the court of protection in whose jurisdiction the psychiatric hospital is, an application of releasing you from the psychiatric hospital, in case of refusal of discharging. An application should be made within 7 days of your notification about refusal to discharge and about the date and method of application (Art. 36 paragraph 3 of the Act on mental health protection).
23. To admit for your consent (or your legal representative) to the social assistance house, if you are unable to satisfy your basic needs and you cannot use the care of others, and need constant care, but do not require hospital treatment (art. 38 of the Act on mental health protection).

 

CHAPTER 4

CHILDREN'S RIGHTS DURING PERFORMING HEALTH SERVICES

 

As a patient under 18 years of age you have the right to use most of the rights of adults when using health services with regard to the powers of your parents or guardians and taking into account the limitations of your age.

 

AS A PATIENT UNDER 18 YEARS OLD YOU HAVE THE RIGHT TO:

1. Health care services on principles and in the range determined for insured persons (Art. 13 paragraph 1, item 1 of the Benefits Act).
2. Additional health benefits of dentist and the dental materials used while providing these benefits, classified as benefits guaranteed for children and young people up to 18 years of age (Art. 31 paragraph 3 of the Benefits Act).
3. If you are a minor over the age of sixteen, doctor is obliged to provide you with information in the range and in form required for the proper conduct of your diagnostic or therapeutic process, moreover, you have the right to express your opinion (Art. 31 paragraph 7 of the Act on profession of doctor and dentist).
4. If you are a minor over the age of sixteen doctor is obliged to give you accessible information about your health condition, diagnosis, proposed and possible methods of diagnosis, treatment, foreseeable consequences of their application or desistance, the results of treatment and prognosis (Art. 31 paragraph 1 and 5 of the Act on profession of doctor and dentist).
5. If you are a minor over the age of sixteen your consent (in addition to the consent of your legal representative) is also required to carry out the examination or to provide other health service. When using surgery or treatment or diagnosis causing an increased risk, your written consent (in addition to the consent of your legal representative) is also required (Art. 34 paragraph 4 of the Act on profession of doctor and dentist).
6. If you are a minor over the age of sixteen, you have the right to express objection to sample cells, tissues and organs after your death (Art. 5 paragraph 3 of the Act on transplantation).
7. If you are a minor and you are at least sixteen years of age or are under sixteen years of age and you are able to consciously express an opinion on your participation in a medical experiment or study (after informing you about the nature, significance, implications and risks of this study), your written consent, in addition to the consent of your legal representative, on your participation in above mentioned is necessary (Art. 25 paragraph 2 of the Act on profession of doctor and dentist; Art. 37b paragraph 2, item 4 and Art. 37h paragraph 1, item 1 of the pharmaceutical law).
8. Withdrawal at any time the consent for participation in a clinical or medical research or withdrawal at any time from this study or experiment (Art. 27 paragraph 1 of the Act on profession of doctor and dentist; Art. 37h paragraph 1, item 3 and Art. 37b paragraph 2, item 2 of the pharmaceutical law)
9.That in order to minimize pain and discomfort during the clinical research, you were provided with participated in this study personnel possessing knowledge and skills in dealing with minors and the application of methods in order to minimize the discomfort associated with the executed examination (clause 23, item 1 of the Regulation of the Minister of Health dated 30 April 2004 on the conduct of clinical research involving children (Dz. U. No 104, item 1108)).
10. If you are a minor over the age of thirteen, you are entitled to consent to sample bone marrow from you in favor of your siblings, if this does not cause foreseeable impairment of your body (Art. 12 paragraph 3 of the Act on transplantation).
11. If you are a minor over sixteen years of age you have the right to submit an application to the court of protection competent for the place of your residence for permission to sample bone marrow from you or hematopoietic cells in peripheral blood in a situation where there is an imminent danger of loss of life of your siblings (Art. 12 paragraph 4 of the Act on transplantation).
12. If you were born in a hospital or have been admitted to the hospital before the age of seven you are provided with a mark of identity (Art. 21a of the Act on health care institutions).
13. If you are a minor over the age of sixteen and you are able to consent, your consent on admission to the psychiatric hospital is also required (Art. 22 paragraph 4 of the Act on the mental health protection).

[1] Art. 56b and Art. 69b of the Act of  21 November 1967 on the Act on General Defense Obligation of the Republic of Poland (Dz. U. of 2002 No. 21, item 205, as amended), Art. 153 paragraph 7a of the Act of 12 October 1990 on the Act of Customs Law (Dz. U. of 2002 No. 171, item 1399, as amended) and Art. 115 paragraph 1a of the Penal Code.

[2] Art. 56b and Art. 69b of the Act of 21 November 1967 on the Act on General Defense Obligation of the Republic of Poland, Art. 153 paragraph 7a of the Act of 12 October 1990 on the Act of Customs Law and Art. 115 paragraph 1a of the Penal Code.

[3] Art. 56b and Art. 69b of the Act of 21 November 1967 on the Act on General Defense Obligation of the Republic of Poland, Art. 153 paragraph 7a of the Act of 12 October 1990 on the Act of Customs Law and Art. 115 paragraph 1a of the Penal Code.

[4] Art. 56b and Art. 69b of the Act of 21 November 1967 on the Act on General Defense Obligation of the Republic of Poland, Art. 153 paragraph 7a of the Act of 12 October 1990 on the Act of Customs Law and Art. 115 paragraph 1a of the Penal Code.

[5] From the obligation of secrecy, the person named in Art. 50 paragraph 1 of the Act on the mental health protection is released in relation to:

1)   the doctor responsible for the care of a person with mental disorders

2)   responsible governmental or self-government, regarding the circumstances where disclosure is necessary to perform the tasks of social assistance

3)   those who are complicit in carrying out social assistance, in the extent that is necessary

4)   State protection service and their authorized in writing officers or soldiers, to the extent necessary to perform verification procedure on the basis of the Act on the protection of classified information (Art. 50 paragraph 2 of the Act on the mental health protection)

Patient's Bill of Rights

Currently the rules on patients' rights in Poland are regulated by the Act of Patients’ Rights, including the provisions implementing that law. The content of the Act to download below.

Address

logo

Specialized Hospital PRO-FAMILIA
Witolda Street 6B
35-302 Rzeszow, Poland

How to find us?