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Page 14 of 15
Patients’ Rights
Patients’ right were first addressed in Austrian law in 1993 in an amendment to the Federal Hospitals Act (KAKuG). However, patients’ rights are also established in numerous laws for various health professions (Physicians’ Act, Nursing Act (GuKG), Midwives’ Act, etc.) as professional obligations, as well as in the different administrative laws such as the Federal Hospitals Act, Medicines Act, Medicinal Act, etc. Patients’ right were summarized in a Patient’s Charter in 1991 (Federal Law Gazette I 1999/195).
The generally valid and recognized patients’ rights were divided into six main groups.
1. The right to health care and equal access to treatment and nursing care:
the right to equal access to medical treatment and qualified nursing care.
2. The right of patients to consideration for their dignity and to freedom from bodily harm:
the right to dignified and careful treatment and nursing care
the right to privacy
the right to medical confidentiality, discretion and secrecy.
3. The right to self-determination:
the right to agree to or refuse treatment
the right to freely choose physicians
the right to participation
the right to a dignified death
the right to alternative medical treatment
4. The right to sufficient information from physicians and other medical information:
the right to medical explanations, physicians’ duty to inform patients of possible risks of treatment;
the patients’ right to view their medical records and obtain a copy of them.
5. The right to appropriate medical treatment:
the right to proper treatment
the right to follow-up treatment
6. The right to support for the patient from an independent patients’ representative who is not subject to directives.
This charter is an agreement which was concluded between the Federal Government and the Länder. However, patients’ ombudsmen’s offices have been established in law in all the Länder. Patients’ ombudsmen are not subject to directives; they have to pursue complaints about deficiencies and are obliged to provide information and advice.
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