Patients in Ontario are entitled to certain rights that contribute to their overall well-being and comfort within the healthcare system.
By understanding and asserting your rights, you actively safeguard your health and promote accountability within the healthcare system. This article delves into the key aspects of your rights as a patient in Ontario.
Right to Freedom From Harm
Patients have the right to protection from various forms of harm, including abuse, denial of care, and unjustified interventions. This right emphasizes the least restrictive environment and ensures that patients are treated with care, allowing for de-escalation efforts and a safe, comfortable sleeping environment.
Right to Be Treated With Respect
Every patient is entitled to be treated with inherent dignity and worth. This foundational right underscores the acknowledgement that patients are individuals with inherent human rights. It emphasizes the need for unbiased and compassionate treatment, irrespective of an individual’s background or history of marginalization.
Right to Dignity, Independence, and Self-Determination
This right empowers patients to maintain their dignity, independence, and self-determination. It encompasses various aspects, from the right to receive treatment preserving these values to the right to challenge decisions impacting their liberty.
Patients also have the right to privacy, access to cultural advisors, and a sexually safe environment.
Right to Quality Services That Comply With Standards
Equitable access to treatments and services is a fundamental patient right. This includes fair treatment, recovery-oriented care, and access to nutritious food. This fundamental right guarantees fair treatment, recovery-oriented care, and access to nutritious food.
It facilitates the patient’s ability to express needs, actively participate in care plans, and offer feedback to enhance overall service quality. This commitment ensures that patients receive not only the necessary treatments, but also a holistic and respectful healthcare experience aligned with established standards.
Right to Clear and Supportive Communication
Effective communication is vital, with patients having the right to clear, honest, and supportive communication. This involves collaborative engagement and translation services to ensure understanding. Patients are entitled to information about their health records, implied consent, and how their information is handled.
Right to Direct Treatment Decisions
This right empowers patients to make decisions about their treatment and emphasizes voluntary, informed consent. Patients, if capable, are presumed to have the right to direct their treatment decisions, ensuring autonomy and involvement in the decision-making process.
Right to Be Informed
The right to be informed is a crucial aspect of a patient’s autonomy, allowing them to make decisions about their body. In Ontario, informed consent applies to those with the capacity to understand the relevant information and consequences of a medical procedure. Medical consent must relate to the treatment, be informed, voluntary, and not obtained through misrepresentation or fraud.
Under the Health Care Consent Act (HCCA), informed consent is achieved only after the patient receives all necessary information about a procedure and has their questions answered.
As a patient, this means that a health practitioner must inform you about the nature of the procedure, risks, benefits, and side effects, likely consequences of forgoing the procedure, and alternative modes of treatment for exploration.
Right to Support
Patients hold the right to robust support from their treatment team for organizing visits with chosen individuals and seeking assistance in connecting with proposed visitors. This right encompasses the option to request the presence of a third party during a physical examination, ensuring the patient’s comfort and agency.
Additionally, patients are entitled to access support with the utmost privacy and confidentiality, spanning financial, housing, recreation, employment, social, and community assistance tailored to their individual needs.
Rights in Respect of Research or Teaching
Patients have the right to decline student involvement in their treatment, consent to research participation, and be informed of research goals and results. Ineligibility for research should not impact access to care, treatment, or services.
Right to Make a Complaint
This right emphasizes the patient’s entitlement to voice concerns and suggestions freely, ensuring that they can exercise this right without facing interference, coercion, or reprisal. It underscores the importance of an open, transparent healthcare system that values continuous improvement and patient feedback.
The Consequences of Violating Patients’ Rights
Patients’ rights are designed to protect individuals and ensure they receive fair, ethical, and respectful treatment. Violations of these rights may lead to various repercussions, both for the healthcare provider and the patient:
- Quality of care impact: Continuous violations of patient rights can compromise the overall quality of care provided by a healthcare institution, affecting patient outcomes and satisfaction.
- Loss of trust: Violations of patient rights erode confidence in the healthcare system and can create lasting trauma for individuals already navigating the challenges of illness or injury. The emotional toll can hinder the patient’s ability to seek timely and appropriate medical care in the future.
- Legal repercussions: Violations of patient rights may lead to legal action, including medical malpractice suits. Healthcare providers and institutions could face legal penalties and financial repercussions if deemed responsible for breaching the standard of care or committing negligence.
- Financial consequences: Healthcare institutions may incur financial losses stemming from legal settlements, fines, and diminished patient trust. These financial challenges can jeopardize sustainability and hinder the institution’s ability to provide quality care.
Common Examples of Patient Rights Violations
Patient rights violations can occur in various forms, impacting the quality of healthcare and patient-provider relationships. Recognizing these common examples is crucial for patients to advocate for their well-being and seek appropriate recourse when necessary. Here are some prevalent instances of patient rights violations:
- Inadequate disclosure of risks, benefits, and alternatives associated with medical procedures or treatments.
- Performing procedures without securing the patient’s informed consent.
- Incorrectly diagnosing or delaying the diagnosis of medical conditions, leading to worsened prognosis.
- Neglecting to recognize and address obvious symptoms.
- Administering incorrect medications or dosages.
- Overlooking a patient’s allergies or potential drug interactions.
- Conducting the wrong surgery or operating on the wrong body part.
- Leaving surgical instruments or foreign objects inside patients.
- Inappropriately responding to complications during labour.
- Inflicting injuries on the baby or mother during childbirth due to negligence.
- Departing from established medical protocols and care standards without justification.
- Unauthorized disclosure of a patient’s medical information.
- Inadequate monitoring of a patient’s condition.
- Failing to follow up on test results or ensure appropriate post-operative care.
- Breaching patient privacy by discussing sensitive information without consent.
Filing a Medical Malpractice Suit: Key Considerations
Medical malpractice suits are typically pursued when patients believe they’ve suffered harm due to healthcare provider negligence. Key factors to assess before filing a suit include the following:
- Evidence of negligence: Ensure there is tangible evidence, like medical records, expert opinions, or witness testimony, indicating a breach of the healthcare provider’s duty of care.
- Harm or injury: The patient must have suffered significant physical, emotional, or financial harm directly due to the healthcare provider’s negligence.
- Causation: Establish a clear link between the healthcare provider’s negligence and the patient’s harm, demonstrating a direct connection.
In the event of suspected medical malpractice, consult a medical malpractice lawyer for guidance on the strength of your case. They can assess your claim’s validity and navigate the legal procedures.
Additionally, be aware of time limits for filing suits; collaborate closely with your lawyer to gather necessary documentation and meet statutory limitations.
Contact Sommers Roth & Elmaleh for Your Medical Malpractice Suit
At Sommers Roth & Elmaleh, our team, boasting over 40 years of trial experience, is dedicated to guiding families through the complexities of medical malpractice suits.
If you or a loved one has experienced violations of patient rights, don’t hesitate to call Sommers Roth & Elmaleh at 1-844-777-7372 for expert legal representation, or contact us here.