RIGHTS OF PATIENT M1L4

Dr.TOPIC
Earica Y. Silla NOVEMBER 26, 2018

2. Consent is freely & voluntarily

 Must not be vitiated by force, intimidation, undue
Outline
influence or fraud
A. Rights of Patient
B. Right to give consent to diagnostic or treatment procedure
C. Right to disclosure of information a. Violence.―when in order to wrest consent, serious or irresistible
D. Right to religious belief force is employed (Art. 1335, CC)
E. Right of privacy
F. Right to confidential information
b. Intimidation.―when one of the contracting parties is compelled
G. Right to refuse treatment by a reasonable and well-grounded fear of an imminent and grave
H. Others evil upon his person or property, or upon the person or property of
I. Duties of Patients his spouse, descendants or ascendants, to give his consent (Art.
 Box – Book 1335, CC)
 Broken Box – Key points and Guides c. Undue influence.―when a person takes improper advantage of
 Italics – Transers Note his power over the will of another, depriving the latter of a
reasonable freedom of choice.
Rights of the Patient circumstances to be considered: the confidential, family, spiritual
and other relations between the parties, or the fact that the person
“Everyone has the right to a standard of living adequate alleged to have been unduly influenced was suffering from mental
for the health and well- being of himself xxx” weakness, or was ignorant or in financial distress. (Art. 1337, CC)
-Section 25 of Universal Declaration of Human Rights d. Fraud
 Through insidious words or machinations of one of the
 Why is it important? Nowadays, yung mga patients contracting parties, the other is induced to enter into a
masyado ng vocal in complaining about health services contract which, without them, he would not have agreed
to.
natin. Importante na malaman yung rights ng patients
 Failure to disclose facts, when there is a duty to reveal
para magiging cautious kayo in the future when you them, as when the parties are bound by confidential
practice your profession. relations, constitutes fraud. (Art. 1338-9, CC)

I. RIGHT TO GIVE CONSENT TO DIAGNOSTIC OR
TREATMENT PROCEDURES
1. In recognition of the patient’s AUTONOMY and Right to
SELF-DETERMINATION.
 AUTONOMY- patient is able, fit, confident
enough to make a decision for himself without
any interference from you as his/her doctor
 SELF-DETERMINATION- with that decision he
can decide whether to accept or refuse
treatment as well as diagnostic procedures that
you’re planning to give him/her.
2. The foundation of the physician-patient relationship is
their MUTUAL CONSENT.
3. Instituting diagnostic or treatment procedures without
consent of the patient is an assault
Instances when consent may not be necessary:
1. In cases of EMERGENCY and the patient is incompetent to
give consent.
 Consent is implied. Patient is assumed to have given
consent.
 In an emergency, provided there is no risk to his or her
safety, a physician should administer at least first aid
treatment and then refer… if necessary. (Art. 2, Sec. 3,
PMA COE)
 If hindi siya nagrender ng first aid, the doctor can be
liable under RA 8343 (Emergency cases) na supposedly
cincater natin.
2. When the law made it compulsory to submit to the procedure
(e.g. compulsory basic immunization of infants)
Requisites of a valid consent
1. Person giving consent is competent.
 Person is of legal age (18 years old)
 Of sound mind
 Legally authorized to give consent for the patient
Who is authorized to give consent for a patient who is
incompetent
1. Minimum requirements: of legal age, sound mind and not
disqualified by law.
2. in the following chronological order:
 legitimate spouse
 Children
 Parents
 Grandparents
 Sibling
 nearest kin
 State – if wala talagang kasama yung patient and nasa
hospital siya, the medical chief of the hospital may give
consent
When is the consent of the spouse necessary even though
the patient is competent?
 The contemplated procedure could affect the sexual
relations of the spouses or could lead to destruction of the
unborn product of conception
 Would violate the shared right of the spouses to found a
family in accordance with their religious convictions and
the demands of responsible parenthood under the
Constitution (Art. XV, Sec. 3)
o Pinoprotektahan kasi sa atin yung family itself
especially yung marriage kasi masyadong
sagrado sa batas natin yung to keep the family
intact
II. RIGHT TO DISCLOSURE OF INFORMATION
 Fiduciary nature of the physician-patient relationship.
Physician’s corollary duty under the PMA COE:
 A physician should exercise good faith and honesty in
expressing opinion/s as to the diagnosis, prognosis, and
treatment of a case under his/her care.
 A physician shall not conceal nor exaggerate the patient’s
condition except when it is to the latter’s best interest.
(Art. II, Sec. 5)

Transcribed by: Choy, Sinay Checked by: Moldez Page 1 of 2


INFORMED CONSENT
 Is a legal condition whereby a person has given consent
based upon a clear appreciation and understanding of
the facts, implications, and future consequences of an
action.
 After having been properly educated by the physician
about the risks and benefits of the proposed treatment and
about the viable treatment options.
 Right to choose freely whether to submit to treatment.
Minimum facts which the patient must understand in
giving consent that physicians are thus under duty to
disclose:
1. Nature of his condition
2. Nature of the proposed treatment
3. Possible alternative courses of action
4. Risks of the proposed and alternative courses of action.―comes
down to clinical judgment
Rule of thumb: if risk is common or severe, then must disclose
The risk appears to be material if it could alter the decision to
undergo treatment of a patient who is exercising reasonable care.
(Li v. Soliman, G.R. No. 165279, June 7, 2011)
5. Chances of success or failure of the proposed and alternative
therapies
a. A physician has a duty to disclose [material risks or] what a
reasonably prudent physician in the medical community in the
exercise of reasonable care would disclose to his patient as to
whatever grave risks of injury might be incurred from a proposed
course of treatment, so that a patient, exercising ordinary care
for his own welfare, and faced with a choice of undergoing the
proposed treatment, or alternative treatment, or none at all, may
intelligently exercise his judgment by reasonably balancing the
probable risks against the probable benefits.
III. RIGHT TO RELIGIOUS BELIEF
 Freedom to believe
o absolute
 Freedom to exercise one’s religious belief
o subject to the police power of the State
 State may enact laws that incidentally limit the freedom of
religion to promote public welfare and prohibit whatever
may be harmful thereto.
 A competent patient may refuse blood transfusion on
account of religious belief but may not refuse
administration of the law-mandated vaccination of
children.
Georgette Malette vs David Shulman- Jehovah’s Witness
patient- Talo yung doctor dito 
IV. RIGHT OF PRIVACY
 Fiduciary nature of the physician-patient relationship
 Right to be left alone & be free of unwarranted publicity
 Right to confidential information and the right to refuse
treatment are aspects of the right of privacy.
V. RIGHT TO CONFIDENTIAL INFORMATION
 The physician’s corollary duty under the PMA COE:
o The physician should hold as sacred and highly
confidential whatever may be discovered or
learned pertinent to the patient even after
death, except when required in the promotion
of justice, safety and public health (Art. 2,
Sec. 6)
Transcribed by: Savilla, H, Sinay, S Checked by: Moldez
Rights of Patient M1L4
4
 Protected as PRIVILEGED COMMUNICATION
under the Rules of Court
- physician cannot in a civil case, without the consent of the
patient, be examined as to any advice or treatment given
by him or any information which he may have acquired in
attending to such patient in a professional capacity, which
information was necessary to enable him to act in that
capacity, and which would blacken the reputation of the
patient. (Rule 130, Sec. 24(c))
o Hindi niyo pwedeng sabihin kung ano yung
pinagusapan ninyo ng pasyente
Lim vs CA 214 SCRA 273
 Only disclosures which would have been made to the
physician to enable him safely and efficaciously to treat
his patient are covered by the privilege.
 It is only the tenor of the communication that is
privileged.
Gonzales vs CA 298 SCRA 322
 The privilege of secrecy is not abolished or terminated by
death of the patient.
 After one has gone to his grave, the living are not
permitted to impair his name and disgrace his memory by
dragging to light communications and disclosures made
under the seal of the statute.
VI. RIGHT TO REFUSE TREATMENT
 Patient is the final arbiter of what must be done to his
body.
 Limits the physician’s inherent right to determine
appropriate management procedure
 Physician’s moral and ethical duty to promote and
advance the health of his patients, enjoins the physician to
exert all efforts to persuade the patient to consent to
procedures which he honestly believes in good faith
would be for the best interest of the patient.
OTHERS
VII. Right to refuse to participate in research projects
involving his care or treatment.
Patient should be informed if isasama siya into any
research and then let him decide if he wants to be included in
that research
VIII. Right to expect reasonable continuity of care
Inform them kung kelan yung next follow-up
IX. Right to examine and receive an explanation of his
bill regardless of source of payment.
DUTIES OF PATIENTS
1. Provide information about his medical history including
past illnesses, hospitalizations, medications, and health
status.
2. Take responsibility for requesting additional information
when he does not understand something related to his
care.
3. Inform physicians about anticipated problems in
following prescribed treatment.
4. Take reasonable accommodations for the needs of the
hospital, other patients, medical staff and hospital
employees.
5. Provide necessary insurance information and make
payment arrangements when necessary.
6. Recognize the impact of lifestyle on his personal health.
Reference:
PPT
TranserNotes
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