Resultado final

48:102: Preliminary assessment

The treatment provider must, in so far as this may reasonably be considered necessary for the performance of the service:

(a) interview the patient about the patient’s health condition, symptoms, previous illnesses, allergies, previous or other current treatment and the patient’s preferences and priorities in relation to the treatment;

(b) carry out the examinations necessary to diagnose the health condition of the patient; and

(c) consult with any other treatment providers involved in the treatment of the patient.

48:103: Obligations regarding instruments, medicines, materials, installations and premises

(1) The treatment provider must use instruments, medicines, materials, installations and premises which are of at least the quality demanded by accepted and sound professional practice, which conform to applicable statutory rules, and which are fit to achieve the particular purpose for which they are to be used.

(2) The parties may not, to the detriment of the patient, exclude the application of this Article or derogate from or vary its effects.

48:104: Obligation of skill and care

(1) The treatment provider’s obligation of skill and care requires in particular the treatment provider to provide the patient with the care and skill which a reasonable treatment provider exercising and professing care and skill would demonstrate under the given circumstances.

(2) If the treatment provider lacks the experience or skill to treat the patient with the required degree of skill and care, the treatment provider must refer the patient to a treatment provider who can.

(3) The parties may not, to the detriment of the patient, exclude the application of this Article or derogate from or vary its effects.

48:105: Obligation to inform

(1) The treatment provider must, in order to give the patient a free choice regarding treatment, inform the patient about, in particular:

(a) the patient’s existing state of health; (b) the nature of the proposed treatment; (c) the advantages of the proposed treatment; (d) the risks of the proposed treatment;

(e) the alternatives to the proposed treatment, and their advantages and risks as compared to those of the proposed treatment; and

(f) the consequences of not having treatment.

(2) The treatment provider must, in any case, inform the patient about any risk or alternative which might reasonably influence the patient’s decision on whether to give consent to the proposed treatment or not. It is presumed that a risk might reasonably influence that decision if its materialisation would lead to serious detriment to the patient. Unless otherwise provided, the obligation to inform is subject to the provisions

on contracts for Information and Advice.

(2) If the treatment is experimental, the treatment provider must disclose all information regarding the objectives of the experiment, the nature of the treatment, its advantages and risks and the alternatives, even if only potential.

(3) The parties may not, to the detriment of the patient, exclude the application of this Article or derogate from or vary its effects.

48:107: Exceptions to the obligation to inform

(1) Information which would normally have to be provided by virtue of the obligation to inform may be withheld from the patient:

(a) if there are objective reasons to believe that it would seriously and negatively influence the patient’s health or life; or

(b) if the patient expressly states a wish not to be informed, provided that the non- disclosure of the information does not endanger the health or safety of third parties. (2) The obligation to inform need not be performed where treatment must be provided in an emergency. In such a case the treatment provider must, so far as possible, provide the information later.

48:108: Obligation not to treat without consent

(1) The treatment provider must not carry out treatment unless the patient has given prior informed consent to it.

(2) The patient may revoke consent at any time.

(3) In so far as the patient is incapable of giving consent, the treatment provider must not carry out treatment unless:

(a) informed consent has been obtained from a person or institution legally entitled to take decisions regarding the treatment on behalf of the patient; or

(b) any rules or procedures enabling treatment to be lawfully given without such consent have been complied with; or

(c) the treatment must be provided in an emergency. (4) In the situation described in paragraph (3), the treatment provider must not carry out treatment without considering, so far as possible, the opinion of the incapable patient with regard to the treatment and any such opinion expressed by the patient before becoming incapable. (5) In the situation described in paragraph (3), the treatment provider may carry out only such treatment as is intended to improve the health condition of the patient. (6) In the situation described in paragraph (2) of 48:106 (Obligation to inform in case of unnecessary or experimental treatment), consent must be given in an express and specific way.

(7) The parties may not, to the detriment of the patient, exclude the application of this Article or derogate from or vary its effects.

48:109: Records

(1) The treatment provider must create adequate records of the treatment.

Such records must include, in particular, information collected in any preliminary interviews, examinations or consultations, information regarding the consent of the patient and information regarding the treatment performed.

(a) give the patient, or if the patient is incapable of giving consent, the person or institution legally entitled to take decisions on behalf of the patient, access to the records; and

(b) answer, in so far as reasonable, questions regarding the interpretation of the records.

(3) If the patient has suffered injury and claims that it is a result of nonperformance by the treatment provider of the obligation of skill and care and the treatment provider fails to comply with paragraph (2), non-performance of the obligation of skill and care and a causal link between such non-performance and the injury are presumed.

(4) The treatment provider must keep the records, and give information about their interpretation, during a reasonable time of at least 10 years after the treatment has ended, depending on the usefulness of these records for the patient or the patient’s heirs or representatives and for future treatments. Records which can reasonably be expected to be important after the reasonable time must be kept by the treatment provider after that time. If for any reason the treatment provider ceases activity, the records must be deposited or delivered to the patient for future consultation.

(5) The parties may not, to the detriment of the patient, exclude the application of paragraphs (1) to (4) or derogate from or vary their effects.

(6) The treatment provider may not disclose information about the patient or other persons involved in the patient’s treatment to third parties unless disclosure is necessary in order to protect third parties or the public interest. The treatment provider may use the records in an anonymous way for statistical, educational or scientific purposes.

48:111: Obligations of treatment-providing organisations

(1) If, in the process of performance of the obligations under the treatment contract, activities take place in a hospital or on the premises of another treatment-providing organisation, and the hospital or that other treatment-providing organisation is not a party to the treatment contract, it must make clear to the patient that it is not the contracting party.

(2) Where the treatment provider cannot be identified, the hospital or treatment- providing organisation in which the treatment took place is treated as the treatment provider unless the hospital or treatment-providing organisation informs the patient, within a reasonable time, of the identity of the treatment provider.

(3) The parties may not, to the detriment of the patient, exclude the application of this Article or derogate from or vary its effects.

CHAPTER 12: OBLIGATIONS OF THE CLIENT