Signed, not Ratified
 Patient Rights in Luxembourg

Right to Informed Consent

    Information preceding     consent
     Minors
    Incapacitated Adults
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
 

 



  1. Article 40, paragraph 1 of the Act on hospital establishments stipulates that a patient, when he is incorporated in a hospital and during his further stay, has the right to sufficient information concerning his health condition and concerning the presented treatment and this with a view to giving his informed consent. This information must be supplied by the physician (art.40, paragraph 2).
  2. Every patient has the right to refuse or accept every diagnostic or therapeutic intervention (art. 40, paragraph 3).
  3. The Code of medical ethics, as revised in 2005, stipulates that the first duty of the physician is not to violate the patient, his physical and mental integrity as well as to respect the autonomy of his will. The Code of medical ethics states that the free consent is a right of the patient. The patient takes the decisions which are related to his health together with his physician, taking into account the information which was given to him. His consent can be given in writing or tacitly. In case of the latter, the consent can only deduced from his behavior, when the patient was informed honestly, clearly and in an adapted manner. The conscious patient can always withdraw his consent for preventive, diagnostic or therapeutic intervention. The physician has to inform him of the impact of his choice.
  4. In an emergency situation, and except when a previously expressed wish by patient exists, every necessary medical operation will immediately be performed in the interest of the patient. The physician takes into account the wishes of the patient regarding the way in which he sees the end of his life and the destination of his physical person.

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