The rights of patients receiving health care from hospitals, doctors and other health care services in South Australia are to be found in both legislation and in the common law.
The requirements for consent to treatment are contained in the Consent to Medical Treatment and Palliative Care Act 1995 (SA). The rights of people with a mental incapacity are governed by the Guardianship and Administration Act 1993 (SA), see GUARDIANSHIP AND ADMINISTRATION.
In addition to this legislation there is also the Australian Charter of Health Care Rights (opens new window). Although not legally enforceable it generally reflects common law standards. A Charter of Health and Community Services Rights exists for South Australia under the Health and Community Services Complaints Act 2004 (SA). The private hospital sector has their own rights and responsibilities document.
The charters of rights under the Aged Care Act 1997 (Cth) must be complied with. The Charter of Aged Care Rights (opens new window) is set out in schedule 1 of the User Rights Principles 2014, which is subordinate legislation made under the Aged Care Act 1997. It applies to consumers of aged care service providers. See also the Law Handbook subsection on the Aged Care Quality and Safety Commission.
Generally speaking, a patient has three main rights:
Precisely what these rights mean will vary with the circumstances. If a patient considers his or her rights have been ignored or interfered with by a health professional, then the patient may complain to that provider's professional body, the Commissioner for Health and Community Services Complaints, as well as, or instead of, using other legal remedies, see Complaints against health and community services.
A common complaint is that a health professional has not provided full explanations, for example, of what a particular medical treatment involves, or why a patient is continuing to experience problems or make a slow recovery. If a patient is concerned about any aspect of their treatment, then he or she should make every attempt to discuss the problem with the health professional who has provided the treatment. If the patient still feels concerned after speaking to the health professional, or, after repeated attempts, has been unable to speak to the health professional, then the patient can complain to the relevant professional body. In some cases, problems may be resolved by seeing a new health professional who is prepared to provide a reasonable amount of information about the treatment received. In other situations, it may be necessary to obtain a health professional's case notes or hospital records. If any doubts remain, a patient should not be reluctant to seek legal advice - it is a right to receive a reasonable explanation of medical treatment.
Summary of rights and responsibilities
Patients' main rights
The consumer of health services has the right to:
Other rights
The consumer of health services also has the right to:
Responsibilities
Consumers of health services have a responsibility to:
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