Adopted by the 34th World Medical Assembly,
Lisbon, Portugal, September/October 1981,
and amended by the 47th WMA General Assembly, Bali, Indonesia, September
1995,
and editorially revised at the 171st Council Session, Santiago,
Chile, October 2005
PREAMBLE
The relationship between physicians, their patients and broader
society has undergone significant changes in recent times. While
a physician should always act according to his/her conscience, and
always in the best interests of the patient, equal effort must be
made to guarantee patient autonomy and justice. The following Declaration
represents some of the principal rights of the patient that the
medical profession endorses and promotes. Physicians and other persons
or bodies involved in the provision of health care have a joint
responsibility to recognize and uphold these rights. Whenever legislation,
government action or any other administration or institution denies
patients these rights, physicians should pursue appropriate means
to assure or to restore them.
PRINCIPLES
- Right to medical care of good quality
- Every person is entitled without discrimination to appropriate
medical care.
- Every patient has the right to be cared for by a physician
whom he/she knows to be free to make clinical and ethical
judgements without any outside interference.
- The patient shall always be treated in accordance with
his/her best interests. The treatment applied shall be in
accordance with generally approved medical principles.
- Quality assurance should always be a part of health care.
Physicians, in particular, should accept responsibility
for being guardians of the quality of medical services.
- In circumstances where a choice must be made between potential
patients for a particular treatment that is in limited supply,
all such patients are entitled to a fair selection procedure
for that treatment. That choice must be based on medical
criteria and made without discrimination.
- The patient has the right to continuity of health care.
The physician has an obligation to cooperate in the coordination
of medically indicated care with other health care providers
treating the patient. The physician may not discontinue
treatment of a patient as long as further treatment is medically
indicated, without giving the patient reasonable assistance
and sufficient opportunity to make alternative arrangements
for care.
- Right to freedom of choice
- The patient has the right to choose freely and change
his/her physician and hospital or health service institution,
regardless of whether they are based in the private or public
sector.
- The patient has the right to ask for the opinion of another
physician at any stage.
- Right to self-determination
- The patient has the right to self-determination, to make
free decisions regarding himself/herself. The physician
will inform the patient of the consequences of his/her decisions.
- A mentally competent adult patient has the right to give
or withhold consent to any diagnostic procedure or therapy.
The patient has the right to the information necessary to
make his/her decisions. The patient should understand clearly
what is the purpose of any test or treatment, what the results
would imply, and what would be the implications of withholding
consent.
- The patient has the right to refuse to participate in
research or the teaching of medicine.
- The unconscious patient
- If the patient is unconscious or otherwise unable to
express his/her will, informed consent must be obtained
whenever possible, from a legally entitled representative.
- If a legally entitled representative is not available,
but a medical intervention is urgently needed, consent of
the patient may be presumed, unless it is obvious and beyond
any doubt on the basis of the patient's previous firm expression
or conviction that he/she would refuse consent to the intervention
in that situation.
- However, physicians should always try to save the life
of a patient unconscious due to a suicide attempt.
- The legally incompetent patient
- If a patient is a minor or otherwise legally incompetent,
the consent of a legally entitled representative is required
in some jurisdictions. Nevertheless the patient must be
involved in the decision-making to the fullest extent allowed
by his/her capacity.
- If the legally incompetent patient can make rational decisions,
his/her decisions must be respected, and he/she has the
right to forbid the disclosure of information to his/her
legally entitled representative.
- If the patient's legally entitled representative, or a
person authorized by the patient, forbids treatment which
is, in the opinion of the physician, in the patient's best
interest, the physician should challenge this decision in
the relevant legal or other institution. In case of emergency,
the physician will act in the patient's best interest.
- Procedures against the patient's will
Diagnostic procedures or treatment against the patient's will
can be carried out only in exceptional cases, if specifically
permitted by law and conforming to the principles of medical
ethics.
- Right to information
- The patient has the right to receive information about
himself/herself recorded in any of his/her medical records,
and to be fully informed about his/her health status including
the medical facts about his/her condition. However, confidential
information in the patient's records about a third party
should not be given to the patient without the consent of
that third party.
- Exceptionally, information may be withheld from the patient
when there is good reason to believe that this information
would create a serious hazard to his/her life or health.
- Information should be given in a way appropriate to the
patient's culture and in such a way that the patient can
understand.
- The patient has the right not to be informed on his/her
explicit request, unless required for the protection of
another person's life.
- The patient has the right to choose who, if anyone, should
be informed on his/her behalf.
- Right to confidentiality
- All identifiable information about a patient's health
status, medical condition, diagnosis, prognosis and treatment
and all other information of a personal kind must be kept
confidential, even after death. Exceptionally, descendants
may have a right of access to information that would inform
them of their health risks.
- Confidential information can only be disclosed if the
patient gives explicit consent or if expressly provided
for in the law. Information can be disclosed to other health
care providers only on a strictly "need to know"
basis unless the patient has given explicit consent.
- All identifiable patient data must be protected. The protection
of the data must be appropriate to the manner of its storage.
Human substances from which identifiable data can be derived
must be likewise protected.
- Right to Health Education
Every person has the right to health education that will assist
him/her in making informed choices about personal health and
about the available health services. The education should include
information about healthy lifestyles and about methods of prevention
and early detection of illnesses. The personal responsibility
of everybody for his/her own health should be stressed. Physicians
have an obligation to participate actively in educational efforts.
- Right to dignity
- The patient's dignity and right to privacy shall be respected
at all times in medical care and teaching, as shall his/her
culture and values.
- The patient is entitled to relief of his/her suffering
according to the current state of knowledge.
- The patient is entitled to humane terminal care and to
be provided with all available assistance in making dying
as dignified and comfortable as possible.
- Right to religious assistance
The patient has the right to receive or to decline spiritual
and moral comfort including the help of a minister of his/her
chosen religion.
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