Know Your Medical Rights
In many cases people are unaware of their medical rights as patient. For instance it is stated in the South African Constitution in section 27 (3) that in situations where urgent medical treatment is required no healthcare provider, such as a hospital, has the right to refuse a patient treatment. This means that if you were for example in an accident, you have the right to receive medical treatment at the nearest hospital up to the point where you are stabilised. So even if you don’t have medical aid and the nearest hospital forms part of the private sector which you might not be able to afford, they cannot by law refuse to treat you.
Another one of the medical rights we as patients enjoy is the right to privacy. In accordance to section 14 of the Constitution a patient has to give his or her consent before any examination may take place. Also falling within the ambit of section 14 is the fact that a patient needs to give consent before any information may disclosed. However, in certain situations the healthcare provider or medical professional may be required to disclose certain information even if it goes against the instructions of the patient because of ethical requirements. In such instances there is little that the medical professional can do except do what is required of them.
Some of the other medical rights individuals enjoy includes the right to refuse treatment, referral for a second opinion, and continuity of care. You also have the right to complain about health services you received which in some cases might even require that you make an official complaint of medical malpractice. Whenever any of your rights have been violated you have the legal right to seek recourse with the assistance of a specialised medical attorney. Therefore, if you feel that you have valid reason to seek recourse be sure to contact Adele van der Walt Attorneys Inc. and one of our dedicated team members will assist you when your medical rights have been violated.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
