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Student Education

Biomedical ethics: Patients' rights

BMJ 2003; 326 doi: https://doi.org/10.1136/sbmj.0306186 (Published 01 June 2003) Cite this as: BMJ 2003;326:0306186
  1. Pierre Mallia, family doctor and lecturer in family medicine and biomedical ethics1
  1. 1Faculty of Medicine and Surgery, University of Malta

In the second part of our series on biomedical ethics, Pierre Mallia takes you through the rights of patients

Ever since the inception of the Nuremberg Code, patients' rights have become synonymous with medical practice. The code gave the first guidelines for participants in research after the Nazi trials and the Universal Declaration of Human Rights in 1948. Although human rights are violated around the world and the concept of universal rights for patients seems absurd, doctors working with voluntary groups abroad still use the same standards that they would at home.

Autonomy and information

Autonomy means self rule. An autonomous person acts in accordance with a freely chosen and informed plan. This concept of autonomy has been elaborated in the medical world over decades and has largely replaced unhealthy paternalistic attitudes on the part of healthcare professionals that used to be common and tolerated. A person of diminished autonomy is, in at least some respect, controlled by others or incapable of acting on his or her chosen plans of action. An autonomous person must act intentionally, with understanding and without controlling influences. In addition, a person may choose to act voluntarily under the influence of an authority, such as a religion. Respecting autonomy means respecting a person's capacity to act autonomously and to treat them so as to allow them to do so. This is the cornerstone of any charter of patient rights.

Five conditions for informed consent

  • Disclosure of information

  • Understanding

  • Voluntariness

  • Competence

  • Consent

Information which is put on the person's file is therefore not merely something which needs to be explained in terms the patient can understand and act upon, but is in fact owned by the patient. This question of ownership is legal; although the physical file or computer may be owned by the doctor or hospital, the information contained is owned by the …

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