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HealthLawAtlas

What can I insist on as a patient?

Reference, pending review

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 yet official text ↗

To refuse treatment

An adult with capacity may refuse treatment, even if the refusal seems unwise. Capacity is presumed until shown otherwise.

To complain

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 yet official text ↗
  • Health Service Commissioners Act 1993 — no authority linked yet official 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.

  1. A duty of care. Owed by a clinician to a patient they treat. — General law of negligence
  2. 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
  3. Causation. The breach must have caused the harm on the balance of probabilities. — Gregg v Scott [2005] UKHL 2
  4. Damage. A recognised injury or loss. — General law of negligence
  5. In time. Ordinarily within three years of the injury or of the date of knowledge. — Limitation Act 1980 ss.11 and 14

Rights

2 records

Obligations

1 records

Enforcement actions

4,593 records

Treaties

3 records

Statistics

Recent events

  1. Minamata Convention entered into force UN Treaty Collection ↗
  2. FCTC entered into force UN Treaty Collection ↗
  3. ICESCR entered into force UN Treaty Collection ↗

Areas of law

What we do not have yet

  • No legislation in the corpus is tagged with this domain's concepts yet.
  • No court decisions in the corpus are tagged with this domain's concepts yet.

A gap is reported, not hidden: an empty section here means nothing is loaded, not that nothing exists.

Sources Instruments and decisions in the corpusWHO via World Bank WDI (CC BY 4.0)