In Romania, patients’ rights are enshrined and protected by Law no. 46/2003, known as the Patients’ Rights Law. This law sets out a comprehensive legal framework to protect and respect the rights of all people using health services, whether they are healthy or ill.
The law defines a patient as any person seeking medical carethus extending their protection beyond the simple notion of a sick person.
A fundamental principle of this law is the right of patients to the highest quality health care that society can provide. This implies access to medical services based on high professional and ethical standards, using the most advanced technologies and procedures available in the health care system. This right recognizes the importance of quality health care in the process of healing and maintaining patients’ health.
Non-discrimination and respect for human dignity are other principles of this law. Patients have the right to be treated with respect and dignity, without any form of discrimination based on race, sex, age, ethnicity, religion or other personal characteristics. This is fundamental to ensuring fair and just treatment for all patients, thereby promoting an inclusive and ethical health system.
The right to information is another important pillar of the law. Patients have the right to be fully informed about their state of health, proposed medical interventions, the potential risks and benefits of treatments, and the available alternatives. Information must be provided in clear and accessible language adapted to each patient’s level of understanding. In the case of patients who do not speak Romanian, the law requires information to be provided in the patient’s mother tongue or in a language the patient understands. This right to information is fundamental for making informed decisions about their own health and treatment.
Informed consent is a central aspect of patients’ rights. Patients have the right to consent to or refuse a medical intervention, after being fully informed about the consequences of their decision. In emergency situations, when the patient is unable to express his or her will, healthcare professionals may act in the patient’s best interests, assuming the patient’s consent. The law also deals with special situations, such as medical research or the taking of biological products, where the patient’s explicit consent is mandatory.
Confidentiality of medical information is a fundamental right protected by law. All data on the patient’s health status, diagnosis, treatment and personal information are confidential, even after the patient’s death. Access to this information is strictly regulated and is allowed only with the patient’s consent or in specific situations provided by law.
The law also guarantees patients’ right to continuity of care. This involves ensuring effective collaboration between different medical facilities and health service providers to provide the patient with uninterrupted care until the patient’s condition improves or is cured. After discharge, patients are entitled to community health services, thus ensuring a smooth transition between inpatient and outpatient care.
An innovative aspect recently introduced in the law is the right of patients to personalized medicine. This refers to health care tailored to the individual characteristics of each patient, based on their genetic and phenotypic profile. This right reflects advances in the medical field and recognizes the importance of personalized approaches in the treatment and prevention of diseases.
In conclusion, the Romanian Law on Patients’ Rights provides a comprehensive framework for the protection and promotion of the rights of people using health services. It addresses issues such as quality of care, non-discrimination, information, informed consent, confidentiality and continuity of care. By ensuring these rights, the law contributes to a patient-centered healthcare system that respects the dignity and autonomy of each individual in the healthcare process.
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