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- The patient has the right to receive from the health professional all relevant information necessary to assess his state of health and his prognosis. It is question of all the relevant information that is necessary for gaining some idea of the patient’s state of health and its likely progression. This may be not only information already available but also information not yet available, which can be brought to light by appropriate diagnostic methods. Communication with the patient must take place in clear language, which means that the method of providing information is adapted to each individual patient. The patient may request that the information be confirmed in writing.
- Because informing the patient is a fundamental element of medical practice, this obligation cannot be delegated by a physician to nursing or paramedical personnel. This is not to say that nurses and paramedics have no duty to inform the patient concerning the activities that they may legally perform. Therefore, physicians and other health care providers should make clear arrangements to guarantee that the right to information of the patient is fully respected.
- Information is not provided to the patient if the latter explicitly requests not to know. If the patient exercises this right, the health professional may not inform the patient: the duty to inform becomes a duty not to inform.
The explicit request not to know can be given in writing, in which case it is annexed to the patient’s medical record, or orally, in which case it is noted in the medical record. Notwithstanding the patient’s explicit request not to know information, the health professional will communicate this information to the patient when not communicating it would clearly do grave harm to the health of the patient or to a third party, and on condition that the health professional has previously sought the opinion of another health professional in this matter and a confidant designated by the patient, if any.
- Long before the right not to know was recognized, it was already accepted that the patient has a right to relinquish his right to information. In order to be legally valid, this relinquishing must take place voluntarily and it must be certain. If the patient relinquishes his right to information, then the physician is no longer required to inform (he does not need to inform the patient). If the patient exercises his right not to know, then the physician is prohibited from informing.
- In exceptional cases, the health professional may withhold information about the patient’s state of health if disclosure would cause grave harm to the patient and on condition that the health professional has sought the opinion of another health professional. Not informing the patient under these circumstances is referred to as the therapeutic exception. It is generally accepted.
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