Professional Documents
Culture Documents
The time honored relationship between Filipino physicians, their patients and the community has undergone significant changes in recent times. The physician should always act according to his conscience, for the best interest of the patient, and must exert equal effort to guarantee patient autonomy, justice and participation in the decision making. The following Declaration represents some of the principal rights and obligations of the patient which the medical profession endorses and promotes, Physicians and other persons or bodies in ol ed in the pro ision of health care ha e a joint responsibility to recogni!e and uphold these rights. "hene er legislation, go ernment action or any other administration or institution denies patients these rights, physicians should pursue appropriate means to assure or to restore them. #n the other hand, legislating these rights will erode the basic foundation that welds the patients and the physicians together $ trust and respect, running counter to the best interests of the patients.
%. Right to Dig#it
a. b. The patient(s dignity, culture and alue shall be respected at all times in medical care and teaching. Terminal ill patients are entitled to humane terminal care to make dying as dignified and comfortable as possible.
b. c.
a. b.
The patient has the right to self,determination, to make free decisions regarding himself. The physician shall inform the patient of the consequences of his decisions. Patient who is mentally competent and of legal age or in his incapacity or age of minority his legal representati e, has a right to a clear explanation, in layperson(s terms, of all proposed or contemplated procedures whether diagnostic or therapeutic, including the identity and professional circumstances of the person or persons who will perform the said procedure or procedures.
The explanation shall include that amount of information necessary and indispensable for him to intelligently gi e his consent which may include, but may not be limited to the benefits, risk and side effects, and the probability of success or failure, as a possible consequence of said proposed procedure or procedures, including the implications of withholding consent. &n the explanation of the proposed procedure or procedures, the comprehensi e ability of the patient shall also be considered taking into account his le el of education, the dialect or language that he speaks and understands and if possible, the use of anatomic sketch, or otherwise the use of those materials or isual aids that may aid the patient or his legal representati e, in fully understanding the proposed procedure or procedures. The right to informed consent shall likewise consider the oluntariness in which the patient or his legal representati e has gi en his consent seeing to it that the patient or his legal representati e was allowed to ask questions, or that he is gi en the chance to consult his kins, or to seek another expert opinion. c. The unconscious patient /+ &f the patient is unconscious or unable to express his will, informed consent must be obtained whene er possible from a legal representati e. 0+ "hen medical inter ention is urgently needed, consent of the patient may be presumed. 1+ Physicians should always try to sa e the life of a patient unconscious due to a suicide attempt.
d.
The legally incompetent patient /+ &f a patient is a minor or legally incompetent the consent of a legally representati e is required. 2e ertheless the patient must be in ol ed in the decision making to the fullest extent allowed by his mental capacity. ' patient, who is eighteen years of age and abo e, shall be considered, for purposes of this declaration, to be of legal age. 0+ &f the legally incompetent patient can make rational decisions, his decisions must be respected, and he has the right to forbid the disclosure of information to his legally representati e. 1+ &f the patient(s legal representati e, forbids treatment but, in the opinion of the physician contrary to the patient(s best interest, the physician may challenge this decision in court. &n case of emergency, the physician will act in the patient(s best interest. &n case of emergency, when there is no one who can gi e consent in his behalf, the physician can perform any emergency diagnostic or treatment procedure in the best interests of the patient.
e.
a.
'll identifiable information about a patient(s health status, medical condition, diagnosis, prognosis and treatment and all other information of a personal kind, must be kept confidential, e en after death. %xcept, in cases when descendants may ha e a right of access to information that would inform them of their health risks. 'll identifiable patient data must be protected. The protection of the data must be appropriate as to the manner of its storage. 4uman substance from which identifiable data can be deri ed must be likewise protected. 8onfidential information can be disclosed in the following cases3 */+ when his mental or physical condition is in contro ersy in a court litigation and the court in its discretion orders him to submit to physical or mental examination by a physician5 *0+ when the public health and safety so demand5 *1+ when the patient or, in his incapacity, his legal representati e expressly gi es the consent5 *6+ when his medical or surgical condition, without re ealing his identity, is discussed in a medical or scientific forum for expert discussion for his benefit or for the ad ancement of science and medicine. *9+ when it is otherwise required by law.
b. c.
b.
c. d. e. f. g.
b. c.
&n addition to the indi idual rights of patients, patients ha e societal rights which are as follows3
1. Right to H!alth $ The patient has the right to access quality health care and to physicians who are
free to render clinical and ethical judgment without interference or outside pressure. The patient has the right to regain and;or acquire the highest attainable standard of health, in a non, discriminatory, gender sensiti e, and equal manner, which health authorities and health practitioner must progressi ely contribute to reali!e.
%. Right to A++!(( to Qualit Pu)li+ H!alth Ca"! $ The patient has a right from the
national and local go ernment a comprehensi e and integrated health care deli ery system, pro iding the necessary manpower and facility resources. The patient has the right to functioning public health and health care facilities, goods and ser ices and programs needed and sufficient quantity. They shall likewise be pro ided with health facilities and ser ices with adequate pro ision of essential drugs, regular screening program, appropriate treatment of pre alent diseases, illnesses, injuries and disabilities, including pro ision of public health insurance. Towards this end, the go ernment shall approximate the international standard allocation for the health sector as set by the "orld 4ealth #rgani!ation.
&. Right to H!alth a#d Sa'! 7o"8/la+! $ The patient has the right to a healthy natural
workplace en ironment with adequate supply of safe and potable water and basic sanitation, industrial hygiene, pre ention and reduction of exposure to harmful substances, pre enti e measures for occupational accidents and diseases, and an en ironment that discourages abuse of alcohol, tobacco use, drug use and other harmful substances.
*. Right to M!di+al a#d Edu+atio# I#'o"$atio# a#d P"og"a$( $ the patient has the
right to pre ention, medical information and education programs on immuni!ation, pre ention, treatment and control of diseases, beha ior,related concerns, and disaster relief and emergency situations during epidemics and similar health ha!ards. The go ernment shall endea or to pro ide these information through lectures, symposia, tri,media, posters and the like.
,. Right to Pa"ti+i/at! i# Poli+ D!+i(io#( $ the patient has the right to participate in policy
decisions relating to patient(s right to health at the community and national le els.
D!+la"atio# o' O)ligatio#( Th! O)ligatio# o' Pati!#t( $ Patients shall at all times fulfill their obligations and responsibilities regarding medical care and
their personal beha ior.
1. O)ligatio# to :#o; Right( $ the patient shall ensure that he;she knows and understands what
the patients( rights are and shall exercise those rights responsibly and reasonably.
&. O)ligatio# to R!/o"t U#!6/!+t!d H!alth Cha#g!( $ &t shall be the duty of e
ery patient to report unexpected changes to his;her condition or symptoms, including pain, to a member of the health care team.
*. O)ligatio# to U#d!"(ta#d Pu"/o(! a#d Co(t o' T"!at$!#t $ The patient shall
ensure that he;she understands the purpose and cost of any proposed treatment or procedure before deciding to accept it. 4e;she shall notify the health care pro ider or practitioner if he;she does not understand any information about his;her care or treatment. The patient shall insist upon explanations until adequately informed and consult with all rele ant persons before reaching a decision.
-. O)ligatio# to S!ttl! Fi#a#+ial O)ligatio#( $ the patient shall ensure that financial
obligations of his;her health care fulfilled as promptly as possible, otherwise he;she shall make appropriate arrangements to settle unpaid bills in the hospital and;or professional fees of the health care pro ider. Failure is considered estafa. Patients must seek support from the national and local go ernment to pro ide a system of payment to health workers and facilities.
1. O)ligatio# to R!(/!+t th! Right( o' Oth!" Pati!#t( $ the patient is obligated to
conduct himself;herself in harmony with, respect to and must not interfere with the rights and property of other patients.
11. O)ligatio# to Ha2! Ad!9uat! H!alth I#'o"$atio# a#d A+ti2!l Pa"ti+i/at! i# Hi( T"!at$!#t
The patient is obligated to know the basic health information. This adequate knowledge is subsumed when a patient signs an informed consent. Patients are obligated to acti ely obtain the necessary information to enable him to acti ely participate in the formulation of his diagnostic and treatment plans.
1%. O)ligatio# to R!(/!+t th! Right to P"i2a+ o' H!alth 7o"8!"( a#d I#(titutio#(
Patients ha e the obligation to address grie ances to the proper authorities or enue and not resort to unwarranted publicity in the media. Patients shall not disclose to the public any alleged complain against health pro ider and institution not fully decided by a court or administrati e tribunal of proper jurisdiction.
1,. O)ligatio# to R!(/!+t th! Ph (i+ia#=( D!+i(io# o# M!di+al R!a(o#( o# Hi( Right to R!ligiou( B!li!'(
Patients are obligated to respect and obey the health care pro ider(s decision on matters referable to medical reasons on his children not yet of legal age but whose li es and health are affected by the parents( rights to religious belief. Patients are obligated to respect the physician(s religious beliefs.
ed through mediation within the prescribed period, the complainant shall file a case of arbitration. #nly complaints with physical injuries shall proceed to the arbitration process. The 8ommittee shall base its decision on documentary e idence including depositions. The 8ommittee shall render a decision within thirty *1<+ days from receipt of the position papers of both parties. The decision is binding to all parties.
P"o+!(( $ The Philippine )edical 'ssociation shall ensure the establishment of these grie
necessary rules and regulations for its proper operation and implementation.
These grie ance mechanisms shall be seniquanon before filing any complaint with the judicial body. 'll parties to the complaint shall be bound by the rules on confidentiality on all le els of the =rie ance )echanism. 'll minutes of the committee shall not be disclosed to any party unless authori!ed by the court of law.
P"!(+"i/ti2! P!"iod $ the time during which the case is submitted for mediation shall toll the running of the prescripti
for the filing of a ci il or criminal case under the .e ised Penal 8ode or any administrati e case.
e period
Mi(+!lla#!ou( P"o2i(io#(
Rul!( a#d R!gulatio#( $ The Philippine )edical 'ssociation, in consultation with the -ecretary of 4ealth, Philippine 4ospital
'ssociation and concerned people(s organi!ations like the People(s 4ealth "atch, shall promulgate the rules and regulations for its implementation. Presented and submitted during the public hearing at the 4ouse of .epresentati e on 'ugust /7, 0<<9.