The Patient Rights Card — consent, records, confidentiality, refusal, complaint — each linked to its authority where the corpus holds it, with maternal-mortality and coverage statistics.
Patient Rights Card
England. Health law is devolved: Scotland, Wales and Northern Ireland differ in places. Editorial — pending review.
To be told about material risks before you consent
A doctor must take reasonable care to make sure you know of any material risks of a treatment, and of reasonable alternatives — judged by what a reasonable person in your position would want to know.
Montgomery v Lanarkshire Health Board [2015] UKSC 11 — no authority linked yetofficial text ↗
To refuse treatment
An adult with capacity may refuse treatment, even if the refusal seems unwise. Capacity is presumed until shown otherwise.
Mental Capacity Act 2005 s.1 — no authority linked yetofficial text ↗
To see your health records
You may ask for a copy of the personal data held about you, including medical records, ordinarily answered within one month and free of charge.
You may complain to the provider or the commissioner of the service; if unresolved, to the Parliamentary and Health Service Ombudsman.
Local Authority Social Services and NHS Complaints (England) Regulations 2009 — no authority linked yetofficial text ↗
Health Service Commissioners Act 1993 — no authority linked yetofficial text ↗
If treatment went wrong
What a negligence claim generally has to show. This page never says anyone was negligent — that is for a court.
A duty of care. Owed by a clinician to a patient they treat. — General law of negligence
A breach of that duty. Care below the standard of a responsible body of practitioners, where that body's view withstands logical analysis. — Bolam v Friern HMC [1957] 1 WLR 582; Bolitho v City & Hackney HA [1998] AC 232
Causation. The breach must have caused the harm on the balance of probabilities. — Gregg v Scott [2005] UKHL 2
Damage. A recognised injury or loss. — General law of negligence
In time. Ordinarily within three years of the injury or of the date of knowledge. — Limitation Act 1980 ss.11 and 14