The Patients' Rights Advocate – defending the rights of patients

Thanks to the Advocate’s activities in recent years a number of cases of abuse were confirmed, including the disclosure of patient medical documentation to a pharmaceutical company, the refusal to provide the patient with a copy of medical documentation, the presence of unauthorised individuals during an examination, and forcing patients to do chores such as bathroom cleaning.

THE DUTIES OF THE ADVOCATE

In 2012 the Advocate’s office received nearly 64 thousand notifications. The Advocate conducted 1168 investigation procedures commenced both at the request of patients and on the Advocate’s own initiative. In most cases, breaking patient’s rights was connected with the right to healthcare services, to medical documentation and to information.

The Advocate analyses patients’ complaints to determine the threats and areas within the health care system which require reform or improvement.

The responsibilities of the Patients’ Rights Advocate include preparing and submitting draft legal acts regarding the protection of patients’ rights to the Council of Ministers; applying to relevant bodies to take legislative initiative or publish or amend legal acts with regard to the protection of patients’ rights.

The Patients’ Rights Advocate prepares and publishes materials and educational programmes popularising knowledge about the protection of patients’ rights; cooperates with public authorities, in particular with the Minister of Health; and non-governmental, social, and professional organisations, the statutory goals of which include the protection of patients’ rights.

THE ADVOCATE CAN IMPOSE FINANCIAL PENALTIES

The Advocate can conduct proceedings in cases of practices which break the collective rights of patients. If the signals from patients concern a single healthcare provider, the Advocate can decide on commencing proceedings regarding practices which violate the collective rights of patients.

If the healthcare provider fails to give up unlawful practices despite the Advocate’s decision regarding its activities infringing collective rights of patients, the Advocate can impose a penalty of up to PLN 500 thousand; the Advocate can also notify the Prosecutor’s Office about the case or turn to the Polish Ombudsman or Children’s Ombudsman.

HOW TO INTERVENE

The Office of the Patients’ Rights Advocate is located at 66 Młynarska St. in Warsaw. To report a case you can call 800 190 590 (mobile or landline, send an email to [email protected] or fill in an on-line form available on www.bpp.gov.pl.

The Office of the Patients’ Rights Advocate can be contacted from Monday till Friday between 9 a.m. and 3 p.m. Every Monday from 3 p.m. until 5 p.m. (if agreed on in advance) you can meet the Advocate or Advocate’s Assistant in person.

The institution of the Patients’ Rights Advocate has been present in Poland since October 2009, when the Prime Minister appointed Krystyna Barbara Kozłowska to this position. The Patients’ Rights Advocate supervises the work of Patients’ Rights Advocates in Psychiatric Hospitals, who operate only within a specific hospital and deal with its cases.