Legal status of the patient in the Republic of Armenia
The patient is a Central figure in the field of health care in the right field.
Why? – you ask.
And all because without it, the health care system will be an abstract concept and will not have any meaning.
When applying to any Armenian medical institution, every citizen of the Republic of Armenia is concerned about the result of treatment, their personal rights, as well as the duties of medical specialists in relation to them in providing their professional services.
It is important to determine the time of implementation of mutual rights and obligations of the patient and the artist, as they begin to provide most medical services, namely, the stage of treatment of the patient to a medical facility regardless of reason treatment, methods and forms of rendering medical assistance.
Thus, every citizen of the RA, referring to a medical institution, building relationships with medical professionals, medical institutions and employees of the state system in the health field should be aware of their rights and obligations, because it is not just an advantage but a necessary basis, without which it is impossible to provide security to their legal status and confidently negotiate with representatives of the health system.
As we know, on March 4, 1996, the RA Law “On Medical Assistance, Serving the Population” came into force.
According to article 4 of this Law, every person living/staying in the territory of the Republic of Armenia has the right to receive medical care and services, regardless of nationality, race, gender, language, religion, age, health status, political or other views, social origin, property or other status, i.e. there is no discriminatory policy on the part of the Armenian state in the field of healthcare. The health of any person is very important and valuable for Armenia.
Let’s see what rights patients have in accordance with the above-mentioned RA Law.
Rights of patients in the sphere of health protection in the Republic of Armenia
Article 5 of the RA Law in question establishes the following list of rights of a patient to receive medical care and services:
- Every person living on the territory of the Republic of Armenia has the right to choose a person who provides medical care and services.
This is one of the main rights of the patient in Armenia.
Let’s just say that this Law regulates the procedure for choosing a doctor only when providing medical care to a citizen within the framework of the program of state guarantees of free medical assistance to citizens. However, a person also has the right to choose a doctor when receiving paid medical care due to the principle of freedom of contract, which is enshrined in the civil code of the Republic of Armenia.
So, if You have fallen into the hands of an unscrupulous and unprofessional doctor, what actions should we take to protect our rights and demand replacement of the appointed doctor?
You must apply in writing to the head of the medical organization.
As we all know, oral negotiations do not have any legal force, and therefore it is better to immediately apply in writing, so as not to waste Your time and nerves.
According to the current law of the Republic of Armenia, the application must specify the reasons for replacing the appointed (attending doctor).
- Every person in Armenia has the right to receive medical care and services in conditions that meet the requirements of hygiene
On December 12, 1992 in the Republic of Armenia Law “On ensuring sanitary-epidemiological security of the RA population”.
In accordance with this law, this right is implemented by creating conditions in Armenian medical organizations that are safe from the standpoint of state-established sanitary rules and norms. We are talking about the conditions under which external factors will not be able to create a threat to human life and health on the territory of Armenia.
In case of violation of sanitary and hygienic requirements, there may be negative consequences at a fairly serious level, for example, postoperative complications that are caused by hygiene violations on the part of employees of a medical organization.
- Everyone has the right to demand secrecy about their health status.
Medical confidentiality refers to any information that has been identified in the course of research on the patient’s health, diagnosis and treatment.
Even the very fact of seeking help from a doctor falls under the object of medical secrecy.
According to the legislation of the Republic of Armenia, any medical organization registered in the territory of Armenia is obliged to create an invulnerable system of organizational and technical measures aimed at ensuring the confidentiality of information constituting a medical secret.
Employees of medical organizations/institutions in Armenia do not have the right to disclose information about the patient that they have become aware of in connection with their professional duties, except in cases established by the Laws of Armenia. Otherwise, You have all the legal grounds to apply to the RA judicial authority and win the case immediately at the first instance, if you are fully legally savvy.
- Everyone has the right to be aware of their illness and to consent to medical intervention;
From a legal point of view, every person is the master of their own fate, and therefore should be aware of the presence of a disease of any nature, of any type and of any degree.
In this regard, everyone has the right to know about the remaining periods of life (hours, days, months and years), in order to distribute their remaining time purposefully and with meaning.
Article 7 of the RA Law “on medical care and public service” describes the right to be informed in more detail.
As for article 8 of the same RA Law, it establishes as a necessary condition for medical intervention that the patient (his legal representative) gives consent to medical intervention in oral or written form. In addition, the patient’s consent must be formed on the basis of information received from representatives of medical personnel about the goals, methods of medical assistance, possible options for medical intervention, its positive and negative consequences.
- Everyone has the right to refuse medical intervention, except in cases stipulated By the law of the Republic of Armenia;
On the basis of article 17 of the RA Law under consideration, the fact of refusal or suspension of medical intervention must undoubtedly be recorded in the medical documentation and certified by the sick patient (his legal representative).
It is worth noting that the refusal can be either in full or partial form. This means that You have the right to refuse treatment completely or simply do not agree specifically with any proposal of the treating Armenian doctor. In case of refusal, you must be explained the possible consequences of such refusal in an accessible form.
In a number of cases defined by the RA Law, medical intervention may be performed without the patient’s consent.
- Everyone has the right to be treated with respect by medical professionals.
This right is based on the principles of humanity and human dignity enshrined in articles 23 and 26 of the RA Constitution.
It is part of the professional duties of representatives of the Armenian medical staff to show respect for the patient on the basis of Armenian legal and ethical standards.
Article 6 of the RA Law” on medical care and public service ” establishes the right of a sick patient to receive compensation for damage caused to their health in the organization and implementation of medical care and services in Armenia.
In any legal state, as a result of unfair performance of their professional duties by medical and pharmaceutical workers, resulting in harm to the patient’s health or death, the guilty medical workers are obliged to compensate the victims for the damage in full and in accordance with the procedure established by the civil legislation of the Republic of Armenia, including compensation for non-pecuniary damage.
It should be noted that the Armenian legal acts regulating the healthcare industry as a whole, licensing of medical activities and the system of legal relations for the protection of the health of RA citizens are designed in such a way that if the representatives of the medical staff make a mistake, the responsibility is borne by the medical organization that provided poor-quality medical services. This circumstance to a certain extent increases the chances of a sick patient for real compensation for harm and for a more serious attitude by doctors to their difficult task.
Responsibilities of patients in the sphere of health protection in the Republic of Armenia
It is very good when a person is aware of their rights, but it is even better when they are also erudite about their obligations established By the legislation of the Republic of Armenia.
The patient’s exercise of their rights on the territory of the Republic of Armenia should not in any way hinder the medical staff in the performance of their professional duties, create discomfort for other patients and, moreover, contribute to the violation of their rights. In view of this, the following responsibilities of the patient can be distinguished:
- provide a representative of the medical staff with complete and reliable information about your health (as practice shows, the quality of your treatment largely depends on this);
- comply with the internal regulations of the medical organization, generally recognized rules and norms of behavior in public places;
- follow all your doctor’s prescriptions and recommendations.
If patients violate their duties and there are negative consequences due to the lack of serious attitude to their treatment, the medical staff is not liable for any disciplinary, civil or criminal liability.
Failure to comply with patient requirements physician or internal regulations of a medical organization, according to the RA Law, the attending physician in agreement with their head of the medical organization has the right to refuse care and treatment, if the refusal is not directly threatened the patient’s life and health of other people.
In practice, it is not uncommon for a patient to go to a medical institution and specifically fail to provide the attending doctor with complete and reliable information about their health in order to recover compensation for physical and moral harm in the future.
In order to prevent patients from abusing their rights and to avoid conflicts between healthcare professionals and unscrupulous patients, doctors must also be legally savy and aware of their rights and responsibilities.
In support of medical professionals, our website also contains an article about the legal status of doctors, which we advise you to read.