Do you know your healthcare rights?

Knowing your rights can help ensure that you receive the most effective and appropriate healthcare and strengthen your partnership with your healthcare providers.

Anyone treated by the healthcare system in Australia – whether in a private or public hospital, a general practice, community health centre, dental surgery, physiotherapy clinic, specialist clinic or private allied health service – has certain rights regarding their care.

Those rights are summed up in the Australian Charter of Healthcare Rights, a national Charter first endorsed by Australian Health Ministers in July 2008. The Charter contains important information for all patients, and for any family members or carers consulting with health professionals on a patient’s behalf.

Respect and dignity

Beth Wilson, Health Services Commissioner in Victoria, believes the Charter is an important starting point to ensure patients understand their rights.

“I still don’t think people are fully aware of their rights as patients, but it is important that people do know those rights,” says Beth. “Whatever the healthcare setting, a patient’s rights are the same across the board. Respectful and dignified care should happen wherever you are.”

Patients’ rights in Australia are essentially based on principles that aim to empower, inform and involve patients with the healthcare they receive, or that is recommended to them. Providing patients with dignified, respectful care, building patient trust, and creating mutually respectful partnerships between patients and their health professionals are key goals.

Across the board

The Australian Charter of Healthcare Rights applies across a range of public and private healthcare settings. It applies to a broad cross-section of health professionals, including those working in complementary therapies and the mental health field, and social workers providing services in a healthcare setting.

“I can hear complaints about any health service provider in Victoria,” Beth explains.

“Every state and territory has an office similar to mine where complaints can be lodged about doctors, dentists, nurses, hospitals, allied health professionals, alternative or complementary health providers and any organisation that claims to offer a health service.”

In addition, private hospitals in Australia have a Private Patients’ Hospital Charter that outlines similar patient rights, including a patient having the choice of being a public patient or a private patient in a public hospital, obtaining consent to treatment, patient confidentiality, and being treated with respect and dignity.

Private and public hospitals have their own complaints liaison officers or patient representatives to initially deal with patients who feel their rights are not being fully recognised. If patients feel their concern is not dealt with adequately within that hospital setting, they can then complain to their state or territory Health Services Commissioner.

Some advocacy services can also help patients who are concerned that their rights are not being respected. For example, in Victoria, services such as the Mental Health Legal Centre and the Victorian Mental Illness Awareness Council can advocate for patients concerned about the standard of care they receive via the mental health system.

Your rights and responsibilities

So what exactly are the patient rights defined in the national Charter and what role do patients have in helping their healthcare provider to provide the best possible standards of care?

1. A right to health care

‘You have a fundamental right to adequate and timely healthcare’ says the Charter. Patients may not always be able to attend the same healthcare centre or facility, as some services are only available in certain locations, but patients do have a right to appropriate healthcare within a reasonable timeframe. In turn, patients have a responsibility to attend their appointments, or to let their health professional know if they cannot make an appointment.

2. A right to safe and high quality care

Taking an active role in working with a healthcare provider is important. If patients are unsure about what is happening with their treatment, or if they think something has been missed or overlooked, they, a carer or family member should tell their treating health professional. Patients must give their healthcare provider truthful information that is relevant to their treatment.

3. A right to be shown respect, dignity and consideration

‘You are entitled to receive care in a way that is respectful of your culture, beliefs, values, and characteristics like age and gender’, says the Charter. This includes access to interpreters for patients from diverse cultural backgrounds and for whom English is not a first language. Patients also have a responsibility to treat their healthcare provider with respect.

4. A right to be informed about services, treatment, options and costs in a clear and open way

Healthcare providers have a duty to explain the treatment a patient is receiving, or that is recommended. Patients should feel free to ask questions to ensure they fully understand their treatment options and the expenses they may face based on their decisions.

5. A right to be included in decisions and choices about care

Patients and their carers or families have a right to take part in decisions about the care they receive. Informed decisionmaking is critical to get the best possible healthcare. Patients are advised to gather reliable and up to date information, think about all the possible options and weigh up the negatives and positives of each option. Talking to other patients about their experiences, if possible, and thinking about what you value and believe in can also help. Talking with a trusted health practitioner can help you feel comfortable with your healthcare decision.

6. A right to privacy and confidentiality of provided information

Patients have a right to see their medical records and to ask for any information on those records to be corrected if it is wrong. While patient records and health information are private, they may need to be shared between healthcare providers where appropriate, to ensure continuity and consistency of care.

7. A right to comment on care and having concerns addressed

Beth Wilson says it is important that patients voice any concerns or feel free to suggest how healthcare could be improved from a patient’s perspective. Patients can express their concerns or comments verbally or in writing, initially addressed to the appropriate person within the specific healthcare setting.

“A good health service will see a complaint as an invitation for quality improvement, but that complaint should be made in an assertive way, not aggressively,” says Beth.

“Most people who come to my office with a complaint are looking for three things: they want to know what went wrong, why it went wrong, and they want to make sure what happened to them doesn’t happen to somebody else. Complaints vary from being about denial of access to a service to a wrong diagnosis, but in most cases there is a failure of communication. Communication between a patient and a healthcare provider or professional is vital.”

Want to know more?

The Australian Charter of Healthcare Rights can be found at http://www.safetyandquality.gov.au/

Fact sheet   Making informed decisions 53.60 Kb

For details about the work of the Health Services Commission in Victoria go to www.health.vic.gov.au/hsc

To contact the Health Services Commissioner’s complaint line, call 1800 136 066.

Your Questions Answered

Question:
I saw my gynaecologist a few months ago for a pelvic exam. As we were walking into the consulting room, she asked me if I minded if a student doctor observed the examination. The student doctor was already sitting in the consulting room waiting for us. I wasn’t really comfortable with the idea but I said yes because I was embarrassed and didn’t want to offend my doctor or the trainee. What are my rights in this situation?

Answer:
Whilst it is important that we train our healthcare professionals of the future, patients are under no obligation to consent to attendance of students or other professionals in a consultation. If you are uncomfortable, it is your right to express this. Providing respectful feedback to the gynaecologist that you would have preferred the discussion prior to the student doctor entering the consulting room, out of respect and consideration of you, is also highly appropriate.

Question:
I have a specialist appointment coming up however I’m hard of hearing and I’m worried that I won’t be able to catch everything the doctor says. Is it ok to bring a friend or family member into the appointment with me? What else can I do to ensure that I don’t miss any important information?

Answer:
Healthcare providers have a duty of care to provide advice that is fully understood. It is your right to have carers or family members attend a consultation and also to request other forms of communication to ensure you are able to understand. This may include copies of letters, education resources, or other support, including Auslan (sign language) interpreters for the hearing impaired. Likewise, it is your responsibility to ensure your health professional is aware of your requirements and that you book a longer appointment if necessary.

Question:
I recently went to see a naturopath who recommended a bunch of herbal medicines. I am concerned at the expense and that these herbal remedies may interact with my other medications but was advised by the naturopath not to seek a second opinion as other health professionals “will not understand” this treatment.

Answer:
You are within your rights to seek a second opinion, either from another naturopath or another health professional. You are also entitled to be informed of the evidence for effectiveness and safety of any recommended therapies. It is your obligation to inform your GP of any alternative or complementary therapies you take as many do interact with other medications.

Content Updated May 2010