Read The Times Australia

Daily Bulletin

Patients have rights. Here's how to use yours

  • Written by: Lisa Eckstein, Senior Lecturer in Law and Medicine, University of Tasmania
Patients have rights. Here's how to use yours

Working your way around the health-care system can be overwhelming. This is especially hard when care takes place in health systems under stress.

However as a patient, you have rights about how you’re treated. This includes not just your actual therapy, but how you’re spoken to, how your records are handled and even whether you wish to be treated at all.

Now, the Australian Commission on Safety and Quality in Health Care has updated its charter of patient rights.

The idea is to promote a more active role in health care for patients (and their carers) by reminding them of their seven rights: access to health care, safety, respect, partnership, information, privacy and giving feedback.

But what do these rights really mean when it comes to day-to-day issues you or your family might face with your GP, in hospital or in a nursing home?

Read more: Why an Australian charter of rights is a matter of national urgency

Example 1: leaving hospital early

Imagine an elderly patient who has been hospitalised with an infection. After a couple of days of treatment, she wants to go home to live alone. The patient’s doctors are worried she won’t be able to take care of herself and try to convince her to move into a rehabilitation facility. She refuses.

Respect means the patient has the right to make her own choices, even if they could result in harm. But this doesn’t mean just abandoning the patient to her rights. A first step is the right to information, to ensure she understands the risks of going home. Partnership requires communication with the patient herself as well as other people she chooses, like family members and friends. This helps support the patient.

Read more: Hospital discharges to ‘no fixed address’ – here's a much better way

Example 2: dementia restraints

More than half of all people in permanent residential aged care have dementia.

Sometimes patients become physically aggressive, becoming a danger to themselves and others. Physical and chemical restraints for these people has been widespread, and is being considered by the Royal Commission into Aged Care Quality and Safety.

Restraints won’t be the right thing in all cases. Whether it’s right for a particular person requires balancing respect for the patient’s own views and dignity, with other people’s rights to safety. Respect can be facilitated by working in partnership with the patient and their family to identify safe options other than restraint.

Read more: Physical restraint doesn't protect patients – there are better alternatives

Example 3: health information disclosure

Trips to the emergency department are often scary and sensitive. The visit can be even worse if you feel others can overhear your conversations with doctors or nurses.

More than one in ten people who went to the emergency department of a major Melbourne hospital reported this experience. These people felt the loss of their privacy. It also might fail to show respect, dignity and consideration, as required in the right to respect.

But not every unwanted disclosure of health information will be wrong. Some might even be necessary to meet other health-care rights.

For instance, an emergency department with curtains instead of walled rooms to help people or equipment move more freely might meet the safety right even though it risks a patient’s right to privacy. But the charter at least means hospitals and treating teams have to justify any unwanted disclosure of health information. It also means patients who feel uncomfortable can give feedback, another of their rights.

Read more: Paper tsunami: how the move to digital medical records is leaving us drowning in old paper files

How does Australia stack up?

Other countries have created similar lists of patients’ rights, including New Zealand and Scotland.

The most valuable part of the Australian charter is improving patient and carer understanding of existing health-care rights. This makes it easier to know when to complain to a state or territory complaints commission, or the Australian Health Practitioner Regulation Agency.

Although the Australian Commission on Safety and Quality in Health Care is releasing more resources for patients, its charter may not go far enough in protecting groups who experience systemic bias in their health-care interactions. This includes many Aboriginal and Torres Strait Islander people.

Read more: Ms Dhu coronial findings show importance of teaching doctors and nurses about unconscious bias

Another pitfall of the charter is its non-binding nature. It describes the rights patients should expect but it does little to enforce them. This can leave the charter as something of a toothless tiger, an issue also discussed internationally.

The charter also doesn’t deal with potential patient responsibilities. These are the obligations consumers have for their own health, like treating staff considerately and keeping medical appointments.

It’s hard to see how one can exist without the other.

Authors: Lisa Eckstein, Senior Lecturer in Law and Medicine, University of Tasmania

Read more http://theconversation.com/patients-have-rights-heres-how-to-use-yours-121637

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How fast can you charge an EV at home? Charger speeds explained

Ask new EV owners what worried them before buying and charging time comes up early. A petrol tank fi...

Crossing Several European Borders? How to Keep Your Phone Working the Whole Trip

A multi-country trip through Europe can cross three borders in a day. Take the coach from Split to...

Behind the Scenes: How Medicines Stay Safe Before They Reach Your Pharmacy

You pick up a prescription, glance at the label and pop the box in your bag without a second thought...

How Local Organisations Can Get Their Story Told in the Media

The local junior footy club raises enough money to send a team interstate. A community garden double...

Understanding the Compassionate Flexibility Built Into Religious Fasting Traditions

You've probably been aware of religious fasting as part of the cultural landscape, whether through...

The Rise of Australian-Made Spirits and What It Means for Local Drinkers

Not so long ago, ordering a local gin at the pub would earn you a blank look. Bottle shop shelves we...

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...