Charter of users’ rights and duties

The right to health protection is enshrined in the Constitution of the Portuguese Republic and is based on a set of fundamental values such as human dignity, equity, ethics and solidarity. More specific rights are established in the legislative framework of Health, namely in the Basic Law on Health (Lei 48/90, of 24 August) and in the Hospital Statute (Decreto-Lei 48 357, of 27 April 1968). These are the guiding principles on which the Charter of Patients’ Rights and Duties is based.

Users Rights

1.

Right of choice

The user of the health services has the right to choose the services and providers of health care, according to the existing resources.

The right to health protection is exercised taking into account the rules of organization of the health services.

2.

Consent or refusal

Consent or refusal of health care provision shall be declared in a free and informed way, unless otherwise provided by law.

The user of health services may, at any time during the provision of health care, revoke the consent.

3.

Adequacy of health care provision

The user of the health services is entitled to receive the health care that he/she needs promptly or in a period considered clinically acceptable, depending on the cases.
The user of health services is entitled to the most adequate and technically correct health care.
Health care must be provided humanely and with respect for the user.

4.

Personal data and protection of privacy

The user of the health services is the owner of the rights to the protection of personal data and the reservation of privacy.
Article 5 of Law 67/98, of October 26th, is applicable to data processing in the health area, ensuring, inter alia, that the collected data are adequate, relevant and not excessive for the pursued purposes.
The user of the health services shall have the right of access to the collected personal data and may require the correction of inaccurate information and the inclusion of information totally or partially omitted, pursuant to article 11 of Law 67/98, of October 26th.

5.

Secrecy

The user of health services has the right to secrecy about his/her personal data.
Health professionals are bound by the duty of secrecy with respect to the facts that they are aware of during the exercise of their duties, unless otherwise provided by law or judicial decision imposing their disclosure.

6.

Right to information

The health care user has the right to be informed by the health care provider about his/her situation, the possible alternatives of treatment and the probable evolution of his/her condition.
The information must be transmitted in an accessible, objective, complete and intelligible manner.

7.

Spiritual and religious assistance

The user of health services is entitled to religious assistance, regardless of religion.
To the churches or religious communities, legally recognized, are guaranteed conditions that allow the free exercise of spiritual and religious assistance to the users hospitalized in health facilities of the SNS, who request it, under the terms of Decree-Law no. 253/2009, of September 23rd. Charter of Rights and Duties of Users.

8.

Complaints and Claims

The user of health services has the right to complain and to present a claim in the health establishments, according to the law, as well as to receive compensation for the suffered damages.
Complaints and claims can be presented in a complaint book or on a stand- alone basis and the response is mandatory, according to the law.

Health services, providers of health goods or services and health care providers are required to have a complaint book, which can be filled by those who request it.

9.

Right of association

The user of health services has the right to establish entities that represent him/her and defend his/her interests.
The user of health services may establish entities that collaborate with the health system, namely under the form of associations for the health promotion and defence or health facilities groups of friends.

10.

Minors and incapable

The law shall provide the conditions according to which the legal representatives of minors and incapable may exercise their rights, namely the right to refuse assistance, with respect to constitutional principles.

User Duties

1

Patients have a duty of care towards their own health. This means that he should seek to ensure the fullest possible recovery and also participate in promoting his own health and that of the community in which he lives.

2

The patient has a duty to provide health professionals with all the information necessary for a correct diagnosis and appropriate treatment.

3

The patient has the duty to respect the rights of other patients.

4

The patient has a duty to collaborate with health professionals by respecting the indications recommended to him/her and freely accepted by him/her.

5

The patient has a duty to respect the rules of the functioning of the health services.

6

The patient has a duty to use health services in an appropriate manner and to collaborate actively in reducing unnecessary expenditure.

© Copyright - USF Tempo de Cuidar