Patient Bill of Rights
Patient Bill of Rights
Patient Bill of Rights
PATIENTS RIGHTS
1. Right to Appropriate Medical Care and Humane Treatment. - Every person has a
right to health and medical care corresponding to his state of health, without any
discrimination and within the limits of the resources, manpower and competence
available for health and medical care at the relevant time. The patient has the right to
appropriate health and medical care of good quality. In the course of such, his human
dignity, convictions, integrity, individual needs and culture shall be respected. If any
person cannot immediately be given treatment that is medically necessary, he shall,
depending on his state of health, either be directed to wait for care, or be referred or
sent for treatment elsewhere, where the appropriate care can be provided. If the patient
has to wait for care, he shall be informed of the reason for the delay. Patients in
emergency shall be extended immediate medical care and treatment without any
deposit, pledge, mortgage or any form of advance payment for treatment.
2. Right to Informed Consent. - The patient has a right to a clear, truthful and
substantial explanation, in a manner and language understandable to the patient,
of all proposed procedures, whether diagnostic, preventive, curative, rehabilitative or
therapeutic, wherein the person who will perform the said procedure shall provide his
name and credentials to the patient, possibilities of any risk of mortality or serious
side effects, problems related to recuperation, and probability of success and
reasonable risks involved: Provided, That the patient will not be subjected to any
procedure without his written informed consent, except in the following cases:
a) in emergency cases, when the patient is at imminent risk of physical injury, decline
of death if treatment is withheld or postponed. In such cases, the physician can perform
any diagnostic or treatment procedure as good practice of medicine dictates without
such consent;
b) when the health of the population is dependent on the adoption of a mass health
program to control epidemic;
c) when the law makes it compulsory for everyone to submit a procedure;
d) When the patient is either a minor, or legally incompetent, in which case. a third
party consent Is required;
e) when disclosure of material information to patient will jeopardize the success of
treatment, in which case, third party disclosure and consent shall be in order;
f) When the patient waives his right in writing.
Informed consent shall be obtained from a patient concerned if he is of legal age and of
sound mind. In case the patient is incapable of giving consent and a third party
consent is required. the following persons, in the order of priority stated hereunder,
may give consent:
i. spouse;
ii. son or daughter of legal age;
iii. either parent;
iv. brother or sister of legal age, or
v. guardian
If a patient is a minor, consent shall be obtained from his parents or legal guardian. If
next of kin, parents or legal guardians refuse to give consent to a medical or surgical
procedure necessary to save the life or limb of a minor or a patient incapable of giving
consent, courts, upon the petition of the physician or any person interested in the
welfare of the patient, in a summary proceeding, may issue an order giving consent.
3. Right to Privacy and Confidentiality. - The privacy of the patients must be
assured at all stages of his treatment. The patient has the right to be free from
unwarranted public exposure, except in the following cases: a) when his mental or
physical condition is in controversy and the appropriate court, in its discretion, order him
to submit to a physical or mental examination by a physician; b) when the public health
and safety so demand; and c) when the patient waives this right in writing.
The patient has the right to demand that all information, communication and records
pertaining to his care be treated as confidential. Any health care provider or practitioner
involved in the treatment of a patient and all those who have legitimate access to the
patient's record is not authorized to divulge any information to a third party who has
no concern with the care and welfare of the patient without his consent, except:
a) when such disclosure will benefit public health and safety; b) when it is in the
interest of justice and upon the order of a competent court; and c) when the patients
waives in writing the confidential nature of such information; d) when it is needed
for continued medical treatment or advancement of medical science subject to de-
identification of patient and shared medical confidentiality for those who have access
to the information.
Informing the spouse or the family to the first degree of the patient's medical condition
may be allowed; Provided That the patient of legal age shall have the right to choose on
whom to inform. In case the patient is not of legal age or is mentally incapacitated, such
information shall be given to the parents, legal guardian or his next of kin.
4. Right to Information. - In the course of his/her treatment and hospital care, the
patient or his/her legal guardian has a right to be informed of the result of the
evaluation of the nature and extent of his/her disease, any other additional or further
contemplated medical treatment on surgical procedure or procedures, including any
other additional medicines to be administered and their generic counterpart including
the possible complications and other pertinent facts, statistics or studies, regarding
his/her illness, any change in the plan of care before the change is made, the
person's participation in the plan of care and necessary changes before its
implementation, the extent to which payment maybe expected from Philhealth or any
payor and any charges for which the patient maybe liable, the disciplines of health care
practitioners who will famish the care and the frequency of services that are proposed to
be furnished.
The patient or his legal guardian has the right to examine and be given an itemized bill
of the hospital and medical services rendered in the facility or by his/her physician and
other health care providers, regardless of the manner and source of payment. He is
entitled to a thorough explanation of such bill.
The patient or his/her legal guardian has the right to be informed by the physician
or his/her delegate of his/her continuing health care requirements following discharge,
including instructions about home medications, diet, physical activity and all other
pertinent information to promote health and well-being.
At the end of his/her confinement, the patient is entitled to a brief, written summary of
the course of his/her illness which shall include at least the history, physical
examination, diagnosis, medications, surgical procedure, ancillary and laboratory
procedures, and the plan of further treatment, and which shall be provided by the
attending physician. He/she is likewise entitled to the explanation of, and to view, the
contents of medical record of his/her confinement but with the presence of his/her
attending physician or in the absence of the attending physician, the hospital's
representative. Notwithstanding that he/she may not be able to settle his
accounts by reason of financial incapacity, he/she is entitled to reproduction, at
his/her expense, the pertinent part or parts of the medical record the purpose
or purposes of which he shall indicate in his/her written request for
reproduction. The patient shall likewise be entitled to medical certificate, free of
charge, with respect to his/her previous confinement.
5. The Right to Choose Health Care Provider and Facility. - The patient is free to
choose the health care provider to serve him as well as the facility except when he is
under the care of a service facility or when public health and safety so demands or
when the patient expressly waives this right in writing.
The patient has the right to discuss his condition with a consultant specialist, at the
patient's request and expense. He also has the right to seek for a second opinion and
subsequent opinions, if appropriate, from another health care provider/practitioner.
6. Right to Self-Determination. - The patient has the right to avail himself/herself of
any recommended diagnostic and treatment procedures. Any person of legal age and
of sound mind may make an advance written directive for physicians to administer
terminal care when he/she suffers from the terminal phase of a terminal illness:
Provided That a) he is informed of the medical consequences of his choice; b) he
releases those involved in his care from any obligation relative to the consequences of
his decision; c) his decision will not prejudice public health and safety.
7. Right to Religious Belief. - The patient has the right to refuse medical treatment
or procedures which may be contrary to his religious beliefs, subject to the limitations
described in the preceding subsection: Provided, That such a right shall not be
imposed by parents upon their children who have not reached the legal age in a life
threatening situation as determined by the attending physician or the medical director of
the facility.
The health care institution shall safeguard the confidentiality of the medical records
and to likewise ensure the integrity and authenticity of the medical records and shall
keep the same within a reasonable time as may be determined by the Department
of Health.
The health care institution shall issue a medical certificate to the patient upon request.
Any other document that the patient may require for insurance claims shall also be
made available to him within forty-five (45) days from request.
9. Right to Leave. - The patient has the right to leave hospital or any other health care
institution regardless of his physical condition: Provided. That a) he/she is informed of
the medical consequences of his/her decision b) he/she releases those involved in
his/her care from any obligation relative to the consequences of his decision; c) his/her
decision will not prejudice public health and safety.
No patient shall be detained against hi$/her will in any health care institution on the
sole basis of his failure to fully settle his financial obligations. However, he/she
shall only be allowed to leave the hospital provided appropriate arrangements have
been made to settle the unpaid bills: Provided. further, That unpaid bills of patients
shall be considered as loss income by the hospital and health care provider/practitioner
and shall be deducted from gross income as income loss only on that particular year.
10. Right to Refuse Participation In Medical Research. - The patient has the right to
be advised if the health care provider plans to involve him in medical research,
including but not limited to human experimentation which may be performed only with
the written informed consent of the patient: Provided, That, an institutional review board
or ethical review board in accordance with the guidelines set in the Declaration of
Helsinki be established for research involving human experimentation: Provided,
further, That the Department of Health shall safeguard the continuing training and
education of fUture health care provider/practitioner to ensure the development of the
health care delivery in the country: Provided, furthermore, That the patient involved in
the human experimentation shall be made aware of the provisions of the Declaration of
Helsinki and its respective guidelines.
11. Right to Correspondence and to Receive Visitors. - The patient has the right to
communicate with relatives and other persons and to receive visitors subject to
reasonable limits prescribed by the rules and regulations of the health care institution.
12. Right to Express Grievances. - The patient has the right to express complaints
and grievances about the care and services received without fear of discrimination or
reprisal and to know about the disposition of such complaints. Such a system shall
afford all parties concerned with the opportunity to settle amicably all grievances.
13. RIght to be Informed of His Rights and Obligations as a Patient. - Every person
has the right to be informed of his rights and obligations as a patient. The Department
of Health, in coordination with heath care providers, professional and civic groups, the
media, health insurance corporations, people's organizations, local government
organizations, shall launch and sustain a nationwide information and education
campaign to make known to people their rights as patients, as declared in this Act
Such rights and obligations of patients shall be posted in a bulletin board
conspicuously placed in a health care institution.
It shall be the duty of health care institutions to inform of their rights as well as of the
institution's rules and regulations that apply to the conduct of the patient while in the
care of such institution.