The Patient Rights Act of 22 August 2002 gives you, as a patient, a number of rights and describes how you can exercise them.
All patients are provided with the best possible service commensurate with medical knowledge and available technology. The services are provided while duly respecting the human dignity and autonomy of the patient, without any distinction (on the basis of social class, sexual orientation or philosophical conviction).
Care in order to prevent, treat and alleviate physical and psychological pain forms an integral part of the patient's treatment.
The patient chooses the healthcare practitioner and can approach another healthcare practitioner at any point in time. However, free choice can in some cases be limited by the Law or by circumstances that are characteristic of the manner in which healthcare is organised (e.g. mandatory admission of a person with a mental illness and in cases where there is only one specialist present in a hospital).
On the other hand, any healthcare practitioner can refuse to provide a patient with services for personal or practitioner reasons, except in the case of an emergency. If the healthcare practitioner stops providing treatment, (s)he must nevertheless guarantee continuity of care.
The patient has the right to all the information necessary to understand his state of health and its probable evolution. The healthcare practitioner orally communicates the information to the patient in clear language that is adjusted to the patient, with due consideration for the patient’s age, education and ability to understand.
If the patient does not wish to receive the information, the healthcare practitioner respects his/her wish (e.g. refusal to know whether or not one is the carrier of an incurable disease such as Huntington's disease) and makes a note of this in the health records. However, the healthcare practitioner cannot comply with this “request by the patient not to be informed” if not informing the patient can have a serious adverse effect on the health of the patient or third parties (e.g. infectious disease). In such a case the healthcare practitioner must consult another healthcare practitioner in advance and, if a confidant has been designated, discuss the matter with him or her.
Exceptionally, the healthcare practitioner can withhold certain information from the patient if (s)he is of the opinion that such information can have a serious adverse effect on the patient's health. The healthcare practitioner must seek a colleague's advice for such an unusual and temporary course of action and enter the reason(s) for withholding this information in the health records. In addition, if there is a confidant, the sensitive information is communicated to him or her.
The confidant
The patient can always ask to be assisted by a confidant or ask for the information to be communicated to that confidant. The practitioner records this in the patient file, together with the identity of the confidant.
You can appoint a family member, a friend, another patient or anyone else as a confidant to assist you:
The professional will note this in the patient file, along with the identity of the confidant. You can also appoint a confidant yourself by completing this form and submitting it to the ombuds service. Minor children over 15 years old can use this document to appoint their parents as confidants. A parent-child link can then be made via MyNexuzHealth. For minor children under 15 years of age, this can be done on vague of the parents via MyNexuzHealth.
Legal representative
If, as a patient, you are no longer able to assert your patient rights and are therefore legally incapacitated, we look at who can represent you as a patient. The legislator provides a cascade system here. As an incapacitated patient, you can appoint a legal representative who can assert your rights once you are no longer able to express your wishes yourself. This can be done using this application form. Send this document to your attending physician or to the ombudsman's office so that it can be included in your patient file.
Online data sharing
More info on online data sharing and informed consent to that data sharing can be found here.
A healthcare practitioner must obtain the patient’s free and informed consent for treatment before it is started. This means that the healthcare practitioner must have clearly informed the patient of the characteristics of the intended intervention and before the intervention takes place (e.g. before the patient is on the operating table).
This relates to the following aspects of the intervention: the purpose (e.g. diagnosis, or to operate), the nature (e.g. is the intervention painful?), the degree of urgency, duration, frequency, contra-indications, side-effects, relevant risks, necessary aftercare, financial consequences (e.g. fees, whether or not the healthcare practitioner is registered with the national health service system), possible consequences of a refusal to consent and the possible alternatives.
The right to informed consent also includes the right to learn whether the professional is insured and authorised to practise. More info can be found on this page and on the doctors' pages. In addition to the convention status, info regarding the insurer the doctor is affiliated with for his civil liability insurance is listed.
In an emergency, when it is impossible to obtain the consent of the patient or his/her representative (e.g. an unconscious person in the emergency department), the healthcare practitioner carries out all the necessary interventions and states these in the health records.
The patient gives consent orally or the healthcare practitioner deduces this from the patient’s behaviour (e.g. the patient holds out his/her arm for an injection). The patient can give consent in certain conditions (e.g. stopping chemotherapy if there is no result). The patient and healthcare practitioner can put the consent in writing by mutual agreement and add it to the health records (e.g. in the case of an important test or treatment).
If the patient refuses or withdraws his/her consent, the healthcare practitioner respects such a refusal as long as the patient has not withdrawn it. However, the healthcare practitioner continues to provide a quality service (e.g. continuing to provide basic physical care to the patient who refuses to eat and drink). The patient or healthcare practitioner can request that the withdrawal or refusal to consent be stated in the health records.
If the patient is in a state of health that prevents him/her from expressing his/her will (e.g. in a coma or in the case of a degenerative mental disorder) the healthcare practitioner must respect the prior declaration of will that the patient drew up beforehand at a time when (s)he was still able to exercise his/her rights. The patient can have indicated in such a prior declaration that (s)he refuses to give consent for a particular intervention. This prior declaration of will is preferably drawn up in the presence of a third person (e.g. a healthcare practitioner) to avoid divergent interpretations. The declaration is not limited in time, unless the patient revokes it at a time when (s)he is capable of exercising his/her rights.
The healthcare practitioner duly keeps the health records up to date for each patient, which (s)he (the healthcare practitioner) keeps in a safe place. These records contain the patient’s identity details and medical information (e.g. examination/test results and diagnoses). The patient can request the healthcare practitioner to add certain documents to the records (e.g. a scientific article on the illness (s)he is suffering from and/or a document in which a confidant or representative is designated). If the patient chooses to have another healthcare practitioner, (s)he can request that his/her health records be transferred in order to guarantee continuity of care.
The patient can request the healthcare practitioner (orally or in writing) to peruse in a direct manner his/her health records. The healthcare practitioner has 15 days as of the receipt of this request to submit to the patient the health records, with the exception of the healthcare practitioner’s personal notes (notes which are concealed from third parties, which are destined for the healthcare practitioner’s personal use and which are of no importance to the quality of the care) and data relating to third parties (e.g. identity details of next of kin who have entrusted information without the patient's knowledge). The patient can request to have a copy of his/her health records under the same conditions and at a price determined by law.
The patient can designate a confidant in writing to assist him/her or to peruse his/her health records in his stead - including the personal notes if the confidant is a healthcare practitioner. The patient’s request and the identity of the confidant are added to the health records.
The copy is marked “strictly personal and confidential”. This is merely an indication, a sign that the patient interprets as (s)he wishes. The healthcare practitioner does not provide a copy if (s)he avails of elements indicating that the patient is under pressure to communicate the information in question to third parties (e.g. employer or insurance company).
After the death of a patient, certain family members with a valid reason (e.g. suspicion of medical malpractice, tracing of family history) can appoint a practitioner (e.g. the family doctor) who can consult the patient file of the deceased with the personal notes. If the patient did not expressly object to it during his/her lifetime. To protect the patient’s privacy, perusal is indirect and is restricted to the data that are directly related to the reasons which the next of kin invoke.
At the JYZ, we do our utmost to respect the privacy of our patients, family members, visitors, caregivers, staff, doctors ...
The General Data Protection Regulation (AVG) in force since 25 May 2018, replaces and strengthens previous privacy laws with the aim of better managing and protecting the personal data of every citizen.
That is why JYZ pays particular attention to the protection of privacy when processing personal data. Read more about the protection of your privacy here.
All hospital staff aim to provide the best possible reception, care and support for you and your family during your stay in hospital. It may happen that, despite our efforts, you are not fully satisfied with certain aspects of your treatment or stay.
If you are of age, you can stand up for your rights as a patient yourself. If for some reason you are (temporarily) no longer able to exercise these rights yourself, an appointed representative can represent you.
The relationship between patient and healthcare provider is based on mutual respect and trust. As a patient, you have rights. In addition, the care providers, the management and other employees of the hospital also expect your commitment:
If you have any questions, do not hesitate to contact the ombuds service.
