Signed and Ratified
 Patient Rights in Hungary

Right to Informed Consent

Right to Information about his or her Health
Rights regarding the Medical File
Right to Privacy
Right to Complain and to Compensation
 
Rights of Users of Genetic Services

 

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  1. One of the fundamental principles that the rights of patients shall be protected in the course of delivering health care services and measures. A patient’s personal freedom and right of self-determination shall be restricted exclusively in cases and in a manner justified by his health status and defined in the Health Care Act. The right of self-determinations is also guaranteed. The patient has the right to be involved in the decisions concerning his examination and treatment. The patient’s informed consent -free from deceit, threats and pressure- is a precondition of all medical interventions, unless otherwise provided for in the Health Care Act. The patient shall have a right to receive comprehensive and individualized information.
  2. The patient can give his consent verbally, in writing or it can even be deducted from his behavior, unless otherwise provided by this Act. Invasive procedures however shall be subject to the patient’s written consent or to his verbal statement or other declarations made in the joint presence of two witnesses. 
  3. The patient has the right to refuse medical treatment unless the lack of this treatment would endanger the lives or physical integrity of others.  If the lack of the refused medical treatment would result in serious or permanent damage to his own health, the patient may only refuse the treatment if he makes a statement in a notarial deed, a fully conclusive private deed or in a declaration made before two witnesses in the case of inability to write.  Life-supporting or life-saving interventions may only be refused if the patient suffers from a serious illness which will lead to death within a short period of time and is incurable according to the current state of medical science.
  4. A competent person may draw up an advance directive that might be relevant if later on he becomes incompetent.  In such a statement he can refuse certain medical treatment or name the person who shall be entitled to exercise the right to draw up an advance directive in his stead.  The previously expressed wishes have to take form of a notarial deed.  A qualified psychiatrist has to confirm in a written opinion that the person made the decision in full awareness of its consequences.
  5. The legally incapable patient or a patient with reduced disposing capacity shall also have a right to information corresponding to his age and mental state.  In making decisions on the health care to be provided, the opinion of the patient with no disposing capacity or with limited disposing capacity shall be taken into account to the extent that is professionally possible.  This is also the case when the right of consent and refusal is exercised by the patient’s representative. A person with full disposing capacity may name the competent person who shall be entitled to exercise the right to consent and refuse in his stead and who shall be informed.  He may also, without naming another person, exclude any of the persons who shall be entitled to exercise the right of consent and refusal.  If the patient is incompetent and he has not indicated any person who would be entitled to exercise the right to consent and refusal, the Health Care Act lists the persons who are entitled to exercise in the specified order these rights within the limits.

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