This document ("Information on Patient Rights") constitutes an annex and integral part of the organisational rules of the medical entity established for the entity conducting therapeutic activity, Aurora Medical Spółka z ograniczoną odpowiedzialnością, entered on 29 August 2024 into the Register of Entrepreneurs of the National Court Register at the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register, under number KRS 0001124170, NIP 5223309375, REGON 52950141600000 (the "Entity"), running the local unit "Przychodnia Aurora Medical" (REGON: 52950141600011, ul. Marcina Kasprzaka 7 lok. U8, 01-211 Warszawa — the "Clinic").
All terms defined in the Rules retain their meaning also in this Information on Patient Rights.
The Information on Patient Rights serves to inform patients to whom healthcare services are provided within the Entity, as well as other persons, of the rights they are entitled to.
§ 2 Patient Rights
Persons using medical services ("Patients") provided within the Entity and Cooperating Entities are patients within the meaning of the definition set out in Article 3(1)(4) of the Act of 6 November 2008 on Patient Rights and the Patient Ombudsman (Rzecznik Praw Pacjenta) (Dz.U. 2009 Nr 52, poz. 417, t.j. Dz.U. z 2023 r. poz. 1545, the "Act on Patient Rights").
Patients are entitled to rights arising from generally applicable provisions of law, in particular from the Act on Patient Rights.
The provisions of this information do not infringe the rights of patients arising from generally applicable provisions of law.
§ 3 The Patient's right to information
The patient has the right to information about their state of health.
A patient, including a minor who has reached the age of 16, or their legal guardian, has the right to obtain from a medical professional accessible information on the patient's state of health, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of applying or omitting them, treatment results and prognosis, within the scope of healthcare services provided by that person and in accordance with the powers held by them. The patient or their legal guardian has the right to consent to the disclosure of the above information to other persons.
After obtaining the information referred to in point 2, the patient has the right to present their position on the matter to the medical professional.
In exceptional situations, if the prognosis is unfavourable for the patient, a doctor may limit information about the state of health and prognosis if, in the doctor's assessment, this is in the patient's best interest. In such cases, the doctor informs the patient's legal guardian or a person authorised by the patient. However, at the patient's request, the doctor is obliged to provide them with the requested information in full.
A minor patient who has not reached the age of 16 has the right to obtain from a medical professional the information referred to in § 3 point 2 above, to the extent and in the form needed for the proper course of the diagnostic or therapeutic process.
In the event that a doctor does not undertake or withdraws from treating the patient, the patient, their legal guardian or actual carer has the right to sufficiently early information about the doctor's intention to withdraw from treating the patient, and to be informed by that doctor of the possibility of obtaining a healthcare service from another doctor or entity providing healthcare services.
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 Entity, including preventive health programmes financed from public funds implemented by that entity.
The patient has the right to access medical records concerning their state of health and the healthcare services provided to them.
§ 4 The Patient's right to confidentiality of medical information
The patient has the right to have information relating to them, obtained by medical professionals, including those providing them with healthcare services, in connection with the exercise of a medical profession, kept confidential, subject to the exceptions provided for in law. As part of this, medical professionals are obliged to keep confidential information relating to the patient, in particular the patient's state of health. The foregoing does not apply, in particular, where:
maintaining confidentiality could pose a danger to the life or health of the patient or other persons;
the patient or their legal guardian consents to the disclosure of the confidential information;
it becomes necessary to pass on information about the patient relating to the provision of healthcare services, which is essential, to other medical professionals involved in providing those services;
in relation to proceedings before the voivodeship commission for medical events.
In the situations referred to above, disclosure of confidential information may take place only to the necessary extent. Where it is the patient or their legal guardian who consents to the disclosure of the confidential information, the scope of the disclosure may be determined by the patient or their legal guardian.
Medical professionals, except in the cases referred to above, remain bound by confidentiality also after the patient's death, unless a close person consents to the disclosure of the confidential information. A close person giving such consent may determine the scope of the disclosure. The above release from confidentiality does not apply if another close person objects to the disclosure, or if the patient objected to it during their lifetime. Before raising an objection, the patient has the right to obtain information on the consequences of lodging it. In the event of a dispute between close persons concerning the disclosure of confidential information or its scope, consent to disclosure is given by a court. Where the patient objected to disclosure during their lifetime, the court, at the request of a close person, may consent to disclosure and determine its scope if this is necessary:
for the purpose of pursuing damages or compensation in connection with the patient's death;
to protect the life or health of the close person.
§ 5 The Patient's right to give or refuse consent to the provision of healthcare services
The patient has the right to consent to the provision of specific healthcare services or to refuse such consent, after receiving appropriate information.
The Entity, through its employees and Cooperating Entities, seeks to obtain consent in writing in the case of healthcare services provided.
A patient, including a minor who has reached the age of 16, has the right to consent to an examination or the provision of other healthcare services. The legal guardian of a minor patient, a fully incapacitated patient, or a patient unable to give informed consent, has the right to give the consent referred to above.
In the absence of a legal guardian, this right, with respect to an examination, may be exercised by an actual carer.
A minor patient who has reached the age of 16, an incapacitated person, or a patient who is mentally ill or intellectually disabled but has sufficient insight, has the right to object to the provision of a healthcare service, despite the consent of the legal guardian or actual carer. In such a case, the permission of a guardianship court is required.
The consent and objection referred to above may be expressed orally or through such conduct of the authorised persons as unambiguously indicates the will, or the lack of will, to undergo the procedures proposed by the medical professional.
The rules for carrying out an examination or providing other healthcare services by a doctor, paramedic and system nurse despite the lack of consent or in the face of an objection referred to above are set out respectively in Articles 33 and 34(6) of the Act of 5 December 1996 on the Professions of Doctor and Dentist and Article 11(10a-10c) of the Act of 8 September 2006 on the State Medical Rescue Service (Dz.U. z 2017 r. poz. 2195 oraz z 2018 r. poz. 650 i 1115).
§ 6 The Patient's right to privacy and dignity
The patient has the right to respect for their privacy and dignity, in particular while receiving healthcare services.
Medical professionals other than those providing the healthcare services participate in the provision of those services only when this is necessary due to the type of service or the performance of inspection activities under the provisions on therapeutic activity. Participation, as well as the presence, of other persons requires the patient's consent, and in the case of a minor patient, a fully incapacitated patient, or a patient unable to give informed consent, the consent of their legal guardian and of the medical professional providing the healthcare service. The patient has the right to pain management.
At the patient's request, a close person may be present while healthcare services are provided. The medical professional providing healthcare services to the patient may refuse the presence of a close person during the provision of healthcare services if there is a probability of an epidemic risk or for reasons of the patient's health and safety.
§ 7 Patient rights related to a suspicion of improper provision of healthcare services
In the event of a suspicion of improper provision of healthcare services within the Entity, the patient has the right to lodge a complaint against the member of the medical staff concerned to the Manager or the Medical Manager, who should draw up a record of the above complaint and take action to clarify the situation.
The patient has the right to lodge a complaint against a doctor with the professional liability ombudsman at the relevant medical chamber in the event of suspected conduct contrary to the principles of professional ethics and deontology or a breach of generally applicable legal provisions on the practice of the medical profession.
The patient has the right to apply to the Patient Ombudsman (Rzecznik Praw Pacjenta) with a request to initiate explanatory proceedings in the event of a suspected culpable violation of patient rights by an employee of the Entity or a Cooperating Entity.
