Patients’ rights and medical records
Below you will find the documents concerning the processing of personal data and access to medical records.
INFORMATION ON THE PROCESSING OF PERSONAL DATA (in Polish)
RULES FOR COLLECTING MEDICAL RECORDS (in Polish)
APPLICATION FOR RELEASE OF MEDICAL RECORDS (in Polish)
Legal basis
Patients’ rights are set out in the Polish Act of 6 November 2008 on Patients’ Rights and the Patient Ombudsman. They apply in every entity providing healthcare services, regardless of whether the services are publicly funded or paid for privately. The summary below is for information only and does not replace the text of the Act.
Catalogue of patients’ rights
The right to healthcare services
A patient has the right to services that meet the requirements of current medical knowledge, provided with due care, in conditions meeting the specified professional and sanitary requirements. Where health or life is at risk, the service is provided without delay.
The right to information
A patient has the right to understandable information about their state of health, the diagnosis, the proposed and possible diagnostic and treatment methods, the foreseeable consequences of using or not using them, the results of treatment and the prognosis. A patient also has the right to ask the doctor not to give them certain information.
The right to give consent
A healthcare service may be provided once the patient has given informed consent. Consent to a higher-risk procedure must be in writing. A patient who has turned 16 gives consent alongside their legal representative. A patient has the right to refuse consent or withdraw it at any time.
The right to confidentiality of information
People practising a medical profession are bound by confidentiality regarding information about the patient, in particular their state of health. Confidentiality also applies after the patient’s death, with the exceptions set out in the Act.
The right to respect for privacy and dignity
Only persons necessary for the type of service provided may be present while it is given. A patient has the right to have a close person present during an examination or procedure. A refusal is possible only where there is a likely epidemic risk or for the patient’s health safety, and must be noted in the records.
The right to medical records
A patient has the right of access to the medical records concerning their state of health and the services provided. The details of how records are made available are described further down this page.
The right to object to a doctor’s opinion or certificate
If a doctor’s opinion or certificate affects the patient’s rights or obligations under the law, the patient may lodge an objection with the Medical Board operating at the Patient Ombudsman. The objection must be lodged within 30 days of the date the opinion or certificate was issued.
The right to respect for private and family life
A patient has the right to contact other people in person, by telephone or by correspondence, and also the right to refuse such contact.
The right to report adverse reactions to medicinal products
A patient or their legal representative may report an adverse reaction to a medicinal product to a person practising a medical profession, to the President of the Office for Registration of Medicinal Products or to the entity responsible for placing the product on the market.
Medical records — rules for access
We make records available to the patient, their legal representative or a person authorised by the patient. The authorisation is noted in the records at the first visit; it can be changed or withdrawn at any time.
| Issue | Rule |
|---|---|
| Form of access | Inspection on site, a copy, transcript, extract or printout, and also electronic form |
| Fee | No fee is charged for making the records available for the first time in the requested scope. A further release of the same scope may be subject to a fee in the amount set out in the Act |
| Application | Submitted at reception; the form is available in the downloads section |
| Authorised person | Indicated by the patient in the records; the authorisation may cover the records, information about the state of health, or both |
| After the patient’s death | The records are made available to the person authorised during the patient’s lifetime and to close relatives, except where an objection was expressed during their lifetime |
The documents on the rules for collecting records and the application for their release are in the section downloads.
Protection of personal data
We process patients’ personal data in order to provide healthcare services and to keep and store medical records, on the basis of the law. Full information about data processing is in the document available in the downloads section and in the privacy policy.
Where to report a breach of patients’ rights
- At the clinic – please contact reception. Most matters arise from an organisational misunderstanding and can be clarified immediately.
- The Patient Ombudsman – free Patient Information Line: 800 190 590, open on working days.
- The regional chamber of physicians – in matters concerning a doctor’s professional liability.
- The Medical Board at the Patient Ombudsman – in the case of an objection to a doctor’s opinion or certificate, within 30 days of its issue.
Frequently asked questions
Can I receive a copy of my medical records?
Yes. You submit the application at reception. We do not charge for making the records available for the first time in the requested scope.
Can a family member collect my records?
Yes, if you have authorised them. The authorisation is noted in the medical records and can be changed or withdrawn at any time.
Can I ask the doctor not to give me some of the information?
Yes. A patient has the right to ask the doctor not to give them certain information. Such a request is noted in the records.
Can a close person be present during the examination?
Yes. This is a patient’s right. A refusal is possible only in the situations set out in the Act and must be noted in the records.
Can I withdraw consent to a procedure?
Yes, at any time up to the moment it begins. With multi-stage procedures you may decide not to continue with the further stages.
How long are medical records kept?
Under the Act, records are kept as a rule for 20 years, counted from the end of the calendar year in which the last entry was made. For some types of records the Act provides for different periods.
Do patients’ rights also apply in a private clinic?
Yes. The Act on Patients’ Rights applies in every entity providing healthcare services, regardless of how they are funded.
Contact
Wrocław – ul. Barlickiego 31/1U, reception: 573 290 488, wroclaw@happyderm.pl.
Nysa – Przychodnia Centrum, ul. Mariacka 10, reception: 793 879 708, nysa@happyderm.pl.
Reception is open on working days from 10:00 to 18:00.