Patient’s Bill of Rights

and Obligations

Dr. Ryan Jay L. Yalung

Patient’s Bill of Rights
-is a document that provides patients with information on
how they can reasonably expect to be treated during the
course of their hospital stay.
-is legally binding in the Philippines by virtue of the
“Magna Carta of Patient’s Rights and Obligations Act of 2017”
filed on March 16, 2017 by Joseph Victor Ecerjito.
- Section 4: Rights of Patients
Previously Magna Carta of Patient’s Rights and Obligations of
2008- Senate Bill 2371)
World Medical Association Declaration of Rights of the
Patient – Adopted from the 34th World Medical Assembly
Lisbon, Portugal, September/October 1981 and amended by
the 47th General Assembly Bali, Indonesia, September 1995
1. Right to Good Quality Health Care and
Humane Treatment

Every person has a right to a continuity of good

quality Health Care without discrimination and
within the limits of the resources, manpower and
competence available for health and medical care.
In the course of such care, his human dignity,
convictions, integrity, individual needs and culture
shall be respected.
 2. Right to Dignity

The Patient's dignity, culture and value shall be

respected at all times in medical care and
teaching. Likewise, terminally ill patients shall be
entitled to humane terminal care to make dying
as dignified and comfortable as possible.
3. Right to choose his Physician/ Health
Institution
The Patient is free to choose the services of a
physician or health institution of his choice except
when he chooses to be confined in a charity ward.
In this case, the attending physician shall be the
consultant under whose service the patient was
admitted as appearing in the Doctor’s Order Sheet
of the Medical Record. The Patient shall have the
right to seek a second opinion and subsequent
opinions, if necessary, from another physician or
health institution, and to change his physician or
health institution..
4. Right to Informed Consent
The Patient has a right to self-
determination and to make free decisions
regarding himself / herself. However, the
attending physician shall inform the
Patient of the consequences of his/her
decisions
a. Rights of Unconscious Patients
If the patient is unconscious or otherwise unable to
express his/her will, informed consent must be obtained
whenever possible, from a legally entitled representative.

If a legally entitled representative is not available, and a

medical intervention is urgently needed, consent of the
patient may be presumed, unless it is obvious and beyond
doubt on the basis of the patient’s previous firm
expression or conviction that he/she would refuse
consent. In all cases, a physician always strives to save
the life of a patient unless a prior explicit written
document states otherwise (Do Not Resuscitate).
b. Rights of Legally Incompetent
Patient
If a patient is a minor or otherwise legally incompetent, the
consent of a legally entitled representative is required.
Nevertheless, the patient must be involved in the decision
making to the fullest extent allowed by his/her capacity or
circumstance.

If a legally incompetent patient can make rational choices,

decisions must be respected and he/she has the right to
forbid disclosure of information to his/her legally entitled
representative.
If the patient’s legally entitled representative, (a person
authorized by the patient), forbids treatment which is, in the
opinion of the physician, in the patient’s best interest, the
physician should challenge this decision before the proper
forum. In case of emergency, the physician will act in the
patient’s best interest.
c. Procedures against the Patient’s Will

Diagnostic procedures or treatments against the

patient’ s will can be carried out only in exceptional
cases, if specifically permitted by law and conforming
to the principles of medical ethics. In such cases,
informed consent is secured from next-of-kin
whenever possible.
5. Right to Refuse Diagnostic and Medical
Treatment
The Patient has the right to refuse diagnostic and
medical treatment procedures, provided that the
following conditions are satisfied;

•The Patient is of legal age and is mentally competent;

•The Patient is informed of the medical consequences
of his/her refusal;
•The Patient releases those involved in his care from
any obligation relative to the consequences of his/her
decision; and
•The Patient's refusal will not jeopardize public health
and safety.
6. Right to Refuse Participation in Medical
Research
The Patient has the right to be advised of plans
to involve him/her in medical research that may
affect the care or treatment of his/her condition.
Any proposed research shall be performed only
upon the written informed consent of the
Patient.
7. Right to Religious Belief and Assistance
The Patient has the right to receive
spiritual and moral comfort,
including the help of a priest or
minister of his/her chosen religion.
He/ she also has the right to refuse
medical treatment or procedures
which may be contrary to his
religious beliefs, subject to the
limitations described in number 5.
8. Right to Privacy and Confidentiality
The patient has the right to privacy and protection from
unwarranted publicity. The right to privacy shall include
the patient's right not to be subjected to exposure, private
or public, either by photography, publications,
video-taping, discussion, or by any other means that
would otherwise tend to reveal his person and identity and
the circumstances under which he was, he is, or he will be,
under medical or surgical care or treatment.
9. Right to Disclosure Of, And Access To,
Information
In the course of the patient's treatment and
hospital care, the Patient or his/her legal
guardian has the 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, shall be
disclosed and may only be performed with the
written consent of the patient.
 10. Right to Health
Education
Every patient has the right to health education
that will assist him/her in making informed
choices about personal health and about
available health services. The education shall
include information about healthy lifestyles and
about methods of prevention and early detection
of illnesses. The personal responsibility of
everybody for his own health should be stressed.
11. Right to Correspondence and To
Receive Visitors
The Patient has the right to
communicate with his/her relatives
and other persons and to receive
visitors. Hospital visitation
guidelines are implemented
considering the benefit of visitation
to the patient; impact of visitation
on patient care and the safety and
security of patients, visitors and all
healthcare workers.
 12. Right to Medical Records
The Hospital and the physician shall ensure and
safeguard the integrity and authenticity of the medical
records. The Patient, upon his/her request, is entitled to
a medical certificate and clinical abstract. He/she has the
right to view, and obtain an explanation of, the contents
of his/her medical records from the attending physician,
except for psychiatric notes and other incriminating
information obtained about a third party. Any relevant
document that the Patient may require for insurance
claims shall be made available to him within a
reasonable period of time.
13. Right to Leave Against Medical
Advise
The Patient has the right to leave regardless
of his/her physical condition, Provided,
That:
•He/she is informed of the medical
consequences of his/her decision;
•He/she releases those involved in his/her care
from any obligation relative to the
consequences of his/her decision; and
•His/her decision will not prejudice public
health and safety
14. Right to Express Grievances
Every Patient has the right to express
valid complaints and grievances about
the care and services received and to
know the disposition of such complaints.
 15. Right to be informed of His Rights
and Obligations as a Patient
Every Patient has the right to be informed
of his/her rights and obligations as a
Patient. It shall also be the duty of the
institution to inform Patients of their rights
as well as its rules and regulations that
apply to the conduct of the Patient while in
the care of such institution.

Source: Makati Medical Center’s Patients’ Bill of Rights

Resources

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