Patient Rights: know what you can (and should) demand from health services
Being ill, whether for a simple reason or a more serious one, is never easy. In a moment of vulnerability, the least anyone deserves is to be treated with respect, empathy and dignity. In Portugal, fortunately, patient rights are well defined and protected by law, but they are not always known to those who need them most.
What are patient rights in Portugal?
These rights are set out in Law no. 15/2014, in the Lei de Bases da Saúde (the Health Framework Law), in the Carta dos Direitos do Doente Internado (the Charter of Rights of the Hospitalised Patient), among other legal instruments. Here are the main ones, in simple terms:
- The right to dignity, respect and non-discrimination
- The right to appropriate, timely and quality health care
- The right to clear, objective and accessible information about one’s state of health
- The right to accept or refuse tests, treatments or procedures
- The right to obtain a second medical opinion
- The right to spiritual and religious assistance
- The right to be accompanied by a family member or a person of one’s choosing
- The right to privacy in all clinical procedures
- The right to confidentiality of clinical and personal data
- The right of access to one’s clinical record
- The right to make suggestions, complaints or reports
- The right to continuity of care after hospital discharge
- The right to individual freedom, save for legal exceptions.
The Patient Charter of Rights: what is it?
The well-known Carta dos Direitos do Doente (Charter of Patient Rights), approved by the Ministry of Health, brings together a set of principles that ensure every person is respected as a patient within the health system. Many of these rights are enshrined in the Constitution of the Portuguese Republic, in the Lei de Bases da Saúde (the Health Framework Law), and in international documents, such as the Charter of Fundamental Rights of the European Union.
You can consult the version published by the Ordem dos Médicos (the Portuguese Medical Association) or on the SNS24 website.
The right to access clinical information and data protection
Being in hospital can be distressing and, for that reason, the rights of the hospitalised patient include special care:
- Facilities adapted to the patient’s comfort and well-being
- The right to intimacy and peace, including during personal hygiene care or rest
- Clear information about the hospital’s services (meals, visits, spiritual support, etc.)
- A ban on discrimination based on age, gender, ethnicity or religion
- The right to visits, whenever the clinical situation allows.
In the case of children, the Carta da Criança Hospitalizada (Charter of the Hospitalised Child) also applies, guaranteeing, among other things, the continuous presence of parents.
Rights of the cancer patient
People with a cancer diagnosis face very specific challenges. The rights of the cancer patient include:
- Access to specialised and humane health care
- Respect for the patient’s emotions, fears and decisions
- Appropriate support at every stage of the illness
- Psychological and social support
- The possibility of receiving palliative care with comfort and dignity
- And, in many cases, the right to free transport to treatments, such as appointments, chemotherapy or radiotherapy, especially when the patient is weakened or has no means of travel of their own.
Rights of the terminally ill patient
When a patient is in a terminal phase, the focus shifts to comfort, well-being and respect for their wishes.
The rights of the terminally ill patient include:
- Receiving appropriate palliative care
- Being accompanied by whomever they wish
- Having control over treatment decisions
- The right to peace, privacy and a welcoming environment.
Informed consent: what it is and when it is mandatory
Informed consent is the patient’s right to decide, freely and consciously, about what is going to be done to them. To do so, they must receive clear, accessible information suited to their level of understanding.
It is mandatory in situations such as:
- Surgery and invasive procedures
- Administration of blood or blood products
- Voluntary termination of pregnancy
- Prenatal diagnosis using invasive techniques
- Sterilisation or medically assisted reproduction
- Participation in clinical trials or medical research.
Note that, even after giving consent, the patient may change their mind at any time.
How to make a complaint within the health system
Things do not always go well. There may be failures, misunderstandings or situations in which the patient feels disrespected, ignored or mistreated. If this happens to you or to someone close to you, do not be afraid to act. Complaining is not being a nuisance. It is exercising a right. It is contributing to a fairer, more humane and more efficient health system.
Here are the steps you can follow, calmly and confidently:
- First, speak to the person who attended to you. Sometimes, a conversation with the health professional or with the person in charge of the service is all it takes to clear up the problem
- If that does not work, fill in the Livro de Reclamações (the Complaints Book), available in physical form, on site, or online
- You can also go to the Gabinete do Utente (the Patient’s Office) (or Citizen’s Office) at the hospital or health centre. They are there to listen to you
- If the situation is more serious or is not resolved, you can lodge a complaint directly with the Entidade Reguladora da Saúde (ERS, the Portuguese health regulator)
- And if you are genuinely faced with an unfair situation with serious consequences, you can take the matter to court, with legal support.
If you need help or do not know where to start, you can also call DECO PROTeste, the consumer association which provides support in the area of health: 808 780 250 (landline) or 218 418 783.
Remember: complaining is also a way of looking after yourself and others. And everyone deserves to be treated with respect and dignity.
Need help getting to the care you require? Ambula can help!
If you are entitled to non-emergency patient transport – by medical prescription, disability or clinical situation – know that you are not alone: Ambula is available to accompany you in safety, comfort and with all the empathy you deserve.
Whether for physiotherapy sessions, cancer treatments or hospital appointments, you can count on a reliable, punctual and caring service.
Talk to the Ambula team for more information on how to book your transport.
Need non-emergency patient transport?
Ambula handles everything — with comfort, punctuality and care.
Book a transport