In a world where personal data is increasingly vulnerable, imagine waking up to find your medical records, with some of the most private details about you and those of countless other patients, exposed across social media. What should have remained confidential has become public due to a hospital IT system breach that leaked patient records online.
Leaked or exposed patient data, such as medical history, diagnoses, and treatment plans, can lead to privacy violations and potentially jeopardise patient safety. These two incidents highlight the importance of understanding your rights as a healthcare consumer.
Know your rights
In South Africa, the rights of healthcare consumers, like all other consumers, are safeguarded by legislation such as the Consumer Protection Act. The Health Professions Council of South Africa also has a National Patients’ Rights Charter outlining healthcare consumers’ rights. These provisions ensure fair and equitable treatment, protect patients’ well-being, promote informed decision-making, and ensure access to quality care.
Here is a detailed look at some key aspects of your rights:
Right to be informed: You have the right to receive clear and understandable information about your medical condition, treatment options, and potential risks and benefits. It includes access to your medical records and the ability to ask questions and seek clarification.Right to choose: You can choose your preferred healthcare provider, including doctors, hospitals, and other healthcare professionals, and their preferred treatment plan. You also have the right to refuse treatment or withdraw from a treatment plan.Right to privacy: You have the right to confidentiality regarding your personal and medical information. This means that your information cannot be shared without your consent unless required by law.Right to dignity and respect: You have the right to be treated with dignity and respect, regardless of your background, beliefs, or health status. This includes being free from discrimination and harassment.Right to seek redressal: You can complain if you are not satisfied with the quality of care you have received or feel your rights have been violated. You can seek assistance from consumer protection agencies or other bodies.Right to equality: You have the right to equal access to healthcare services, regardless of your socioeconomic status, race, or any other characteristic.Right to redressal and redressal: In cases of negligence or harm, you can seek compensation or redressal for any damages suffered.Right to fair value, good quality, and safety: You have the right to expect that services are performed in a manner of good quality and free from defects. You also have the right to expect that services are performed safely and do not pose a risk to your health.
Your rights are protected
As a healthcare consumer, you can seek legal recourse to address your grievances if you are harmed or your rights have been violated. Besides the Consumer Protection Act, there are other options for consideration:
Ethical codes: Healthcare professionals in South Africa are bound by moral codes issued by the Health Professions Council of South Africa (HPCSA). These codes emphasise respect for patients’ rights and the need for ethical decision-making. You can, therefore, approach the HPCSA.Patient advocacy: Organisations such as the Cancer Association of South Africa, the South African Depression and Anxiety Group, and Chronic Myeloid Leukemia Support and Advocacy South Africa, among many others, advocate for patient rights and can help ensure that patients’ voices are heard and that their rights are protected.Legal remedies: These remedies are often grounded in the South African Constitution and various legal acts.
Seek out information
Unlike in criminal law, where a person’s rights are typically read to them, ensuring they are aware of their protections, in consumer law, consumers are generally responsible for researching and understanding their rights. As a healthcare consumer, you must proactively seek information about your protections.
Rights always come with responsibilities
For every right, there is a responsibility that comes with it. So, while the rights of healthcare consumers are protected by law and other statutes, healthcare consumers must act responsibly and respectfully towards others, ensuring that these rights are not abused or infringed upon.
Below are some responsibilities that you should be aware of as a healthcare consumer:
Patients are responsible for providing correct and complete information about their health and past medical history.Patients are responsible for reporting changes in their general health condition, symptoms, or allergies to the responsible caregiver.Patients are responsible for reporting if they do not understand the planned treatment or their part in the plan.Patients are responsible for following the recommended treatment plan they have agreed to, including instruction from nurses and other health personnel.Patients are responsible for treating others with respect.Patients are responsible for following facility rules regarding smoking, noise, and use of electrical equipment.Patients are responsible for what happens if they refuse the planned treatment.Patients are responsible for paying for their care.Patients are responsible for respecting the property and rights of others.
Your partner for life
Medshield members have several rights, encompassing aspects of their healthcare journey, including access to services, informed decision-making, and the right to privacy.
We believe that by upholding these rights, healthcare systems can foster trust and improve the overall experience of healthcare consumers, ensuring that they receive the best possible care in a fair and respectful environment.
