Putting patients’ rights in proper context in modern health systems
is a main concern nowadays worldwide. Aligned with this trend, a growing
number of countries (e.g. Finland, Iceland, Denmark, Hungary, Israel) have
enacted patients’ rights Laws, assuming it will empower patients’ rights,
clarify heath-care providers legal duties and collectively improve patient
-physician relationship. This contentions still need to proved, as many
physicians feel the legal system is unfairly biased, taking patients’
side, ignoring the over-complexed modern medicine, the every-day hardship
of practicing medicine, lack of funds and more. Nevertheless, if one is to
engage in such legislation, it is worthwhile to explore the implementation
of the legal regulation by the main addressee of such a law – the
physicians.
A recent study [1] pointed out the fact that doctors seem to regard such
laws as another negative expression of patient-physician relationship
transformation, changes attributed partly to the development of autonomy
concepts, consumers’ attitudes, and frequent malpractice litigation. Their
proficiency of the Law was poor - 96% of physicians failed to answer
correctly more than 2 out of four multiple-choice questions. In order to
encourage a real impact of Patients’ Rights Laws on health care delivery,
proper methods should be used to ensure physicians’ collaboration. It
should start in Medical schools. As reported by Doyal and Gillon [2],
Britain’s GMC recommended a radical reform of medical education. In it,
medical law and ethics are to become core components of the curriculum.
Furthermore, teaching health law and ethics should be pursued throughout
one’s entire medical career (e.g. CME programs). It is of great importance
to include a comprehensive survey of international /European declarations
and conventions on human rights and patients’ rights, and World Medical
Association statements and declarations.
Modern methodology should be applied, in order to promote active learning.
Improving communication skills to improve patient-physician relations need
to be addressed [3]. These needs require multidisciplinary input by
communication and pedagogy experts.
Additionally, legislation should be initiated and followed by the
assistance and collaboration of appropriate medical associations to enable
meaningful implementation of Patients’ Rights laws. As stated by Cook and
Dickens: ”The credibility of law often depends on the respect it enjoys
among those expected to obey it, since there are limits to the ability of
non-military governments to enforce their will by coercive means. The
habit of popular obedience to rules depends on their general
acceptability.”[4]
Likewise, The need for public’s education should be addressed. Augmenting
patients’ knowledge of their legal and ethical rights will encourage a
more up-to-date patient-physician relationship. This in turn will require,
among other tools, accessible patient advocates and advisors to help
realize patients’ autonomy and health-care providers’ participation and
proper conduct.
We should all strive for an ameliorated relationship among the partners,
while rendering medical services.
[1] Siegal G. et al.Physicians' attitudes towards patients' rights
legislation. Med Law. 2001;20(1):63-78
[2]Doyal L., Gillon R. Medical ethics and law as a core subject in medical
education. British Medical Journal 1998: 316: 1623-4.
[3] Parker MH, Price DA, Harris PG. Teaching of medical ethics:
implications for an integrated curriculum. Medical Education 1997: 31(3);
181-7.
[4]Makoul G, Curry RH et al. The future of medical school courses in
professional skills and perspectives. Acad Med. 1998:73(1);48-51.
[5]see Cook R.J., Dickens B.M. Consideration for Formulating Reproductive
Health Laws-a discussion paper, World Health Organization, 1998, p. 9.
Rapid Response:
Is Patients' rights legislation the answer?
To the Editor;
Putting patients’ rights in proper context in modern health systems
is a main concern nowadays worldwide. Aligned with this trend, a growing
number of countries (e.g. Finland, Iceland, Denmark, Hungary, Israel) have
enacted patients’ rights Laws, assuming it will empower patients’ rights,
clarify heath-care providers legal duties and collectively improve patient
-physician relationship. This contentions still need to proved, as many
physicians feel the legal system is unfairly biased, taking patients’
side, ignoring the over-complexed modern medicine, the every-day hardship
of practicing medicine, lack of funds and more. Nevertheless, if one is to
engage in such legislation, it is worthwhile to explore the implementation
of the legal regulation by the main addressee of such a law – the
physicians.
A recent study [1] pointed out the fact that doctors seem to regard such
laws as another negative expression of patient-physician relationship
transformation, changes attributed partly to the development of autonomy
concepts, consumers’ attitudes, and frequent malpractice litigation. Their
proficiency of the Law was poor - 96% of physicians failed to answer
correctly more than 2 out of four multiple-choice questions. In order to
encourage a real impact of Patients’ Rights Laws on health care delivery,
proper methods should be used to ensure physicians’ collaboration. It
should start in Medical schools. As reported by Doyal and Gillon [2],
Britain’s GMC recommended a radical reform of medical education. In it,
medical law and ethics are to become core components of the curriculum.
Furthermore, teaching health law and ethics should be pursued throughout
one’s entire medical career (e.g. CME programs). It is of great importance
to include a comprehensive survey of international /European declarations
and conventions on human rights and patients’ rights, and World Medical
Association statements and declarations.
Modern methodology should be applied, in order to promote active learning.
Improving communication skills to improve patient-physician relations need
to be addressed [3]. These needs require multidisciplinary input by
communication and pedagogy experts.
Additionally, legislation should be initiated and followed by the
assistance and collaboration of appropriate medical associations to enable
meaningful implementation of Patients’ Rights laws. As stated by Cook and
Dickens: ”The credibility of law often depends on the respect it enjoys
among those expected to obey it, since there are limits to the ability of
non-military governments to enforce their will by coercive means. The
habit of popular obedience to rules depends on their general
acceptability.”[4]
Likewise, The need for public’s education should be addressed. Augmenting
patients’ knowledge of their legal and ethical rights will encourage a
more up-to-date patient-physician relationship. This in turn will require,
among other tools, accessible patient advocates and advisors to help
realize patients’ autonomy and health-care providers’ participation and
proper conduct.
We should all strive for an ameliorated relationship among the partners,
while rendering medical services.
[1] Siegal G. et al.Physicians' attitudes towards patients' rights
legislation. Med Law. 2001;20(1):63-78
[2]Doyal L., Gillon R. Medical ethics and law as a core subject in medical
education. British Medical Journal 1998: 316: 1623-4.
[3] Parker MH, Price DA, Harris PG. Teaching of medical ethics:
implications for an integrated curriculum. Medical Education 1997: 31(3);
181-7.
[4]Makoul G, Curry RH et al. The future of medical school courses in
professional skills and perspectives. Acad Med. 1998:73(1);48-51.
[5]see Cook R.J., Dickens B.M. Consideration for Formulating Reproductive
Health Laws-a discussion paper, World Health Organization, 1998, p. 9.
No competing interests !
Competing interests: No competing interests