RIGHTS OF THE

PATIENTS
TEACHER:
Lic. Arauco De Medina, Frida Duilia
Students:
Celeste Carranza
Castro Mazabel Patricia
Cienfuegos Karen
Sister Melissa Cieza

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 INTRODUCTION
The present work titled Patient Rights: Declaration of
Lisbon aims to put into practice all the knowledge with
regarding patient rights and that in the labor field it is coming
acting in the best interest of the patient, in order to ensure the
autonomy and justice for the person. For this reason, we must know and defend
the rights that protect the people in our care, therefore it is of
it is very important that we understand the different regulations and statements that
we are governed as nursing professionals.

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 JUSTIFICATION
During this long journey since 1948, there
have made progress and setbacks, but we have
assisted in a fundamental change: the model
traditional paternalistic doctor-patient relationship
patient, has been replaced by another self-employed person,
in which the patient/user has become the
protagonist in the decision-making.
The Lisbon Declaration addresses the
general principles that must be respected for
protect the rights of individuals in the field
healthcare since human rights to health,
they are individual and social faculties that are founded
in the demands inherent to human nature,
related to protection, conservation,
development and integrity of life, in its aspect
physical, psychological, and intellectual.

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 CHAPTER I

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 CHAPTER 1: PATIENT RIGHTS:
Lisbon Declaration
1.1. General Aspects:
Throughout history, a series of social and economic advancements have occurred,
cultural, ethical, the complexity of health systems, the intense development of
science and health technology, teamwork has conditioned that the
medical practice has become more risky and dehumanized; the need for what
has created the need to develop a series of statements, without which today
It would not be possible to talk about patient rights: The universal declaration of
human rights, European Convention on Human Rights and Freedoms
based on, the Lisbon Declaration, etc.
The Lisbon Declaration outlines the general principles that must be
respected to protect the rights of individuals in the healthcare field, as
When we talk about rights, we are talking about the obligations that are generated.
in the parts responsible for respecting these rights.

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1.2. Patients' rights:
1.2.1. Right to quality healthcare:
a) Every person has the right, without discrimination, to care.
appropriate doctor.
b) Every patient has the right to be attended by a doctor who
he knows that he has the freedom to give a clinical and ethical opinion,
without any external interference.
The patient must always be treated with respect for their best interests.
interests. The treatment applied must be in accordance with the
generally accepted medical principles.
The quality assurance must always be part of the care.
female doctors and doctors, in particular, must accept the
responsibility of being the guardians of quality of the
medical services.
e) In circumstances where a choice must be made between patients
potentials for a particular treatment, which is limited,
all those patients have the right to a fair selection for
that treatment. This choice should be based on criteria
doctors and it must be done without discrimination.
The patient has the right to continuous medical care.
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 1.2.2. Right to freedom of choice:
The patient has the right to freely choose or change their
doctor and hospital or health service institution, without
consider whether they are part of the public or private sector.
The patient has the right to seek the opinion of another doctor.
at any time.

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 1.2.3. Right to self-determination:
The patient has the right to self-determination and to make decisions.
freely in relation to himself. The doctor will inform the patient about the
consequences of their decision.
The mentally competent adult patient has the right to give or deny.
your consent for any examination, diagnosis, or therapy. The
the patient has the right to the information necessary to make their
decisions. The patient must clearly understand what the purpose is of
any exam or treatment and what are the consequences of not giving it
consent.
The patient has the right to refuse to participate in the research or
teaching of medicine.

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 1.2.4. The patient in a state of unconsciousness:
If the patient is unconscious or unable to express their will, then
you must obtain consent from a legal representative when it is
possible.
If there is no legal representative available, and one is urgently needed
medical intervention, the patient's consent should be assumed, to
unless it is obvious and there is no doubt left, based on what has been expressed
previously by the patient or by previous conviction, that this
I would reject the intervention in that situation.
c) However, the doctor must always try to save the life of a
unconscious patient who has attempted suicide.

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 1.2.5. The legally incapacitated patient:
a) Even if the patient is a minor or is legally incapacitated,
the consent of a legal representative is required in some
jurisdictions; however, the patient must participate in the decisions
to the maximum that its capacity allows.
If the legally incapacitated patient can make decisions
rationales, these must be respected and he has the right to prohibit the
delivery of information to your legal representative.
c) If the legal representative of the patient or a person authorized by the
patient prohibits the treatment that, according to the doctor, is the best for
the patient, the doctor must appeal this decision in the legal institution
relevant or other. In case of emergency, the doctor will decide what is
better for the patient.

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 1.2.6. Procedures against the will of the patient:
The diagnosis or treatment can be carried out against the will of the patient, in
exceptional cases only if authorized by law in accordance with ethical principles
doctor.
1.2.7. Right to information:
a) The patient has the right to receive information about their recorded personal data.
medical history and to be fully informed about your health, including the
medical aspects of your condition. However, confidential information
contained in the patient's history about a third party, must not be
delivered to this one without the consent of that person.
b) Exceptionally, information may be withheld from the patient when there is
a good reason to believe that such information would pose a serious danger
for your life or your health.
c) The information must be delivered in a manner appropriate to the local culture and in such a way
in a way that the patient can understand it.
d) The patient has the right not to be informed at their express request, unless
that it requires the protection of another person's life.
e) The patient has the right to choose who, if anyone, should be informed about their
place.

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 1.2.8. Right to secrecy:
All identifiable information about health status, medical condition, diagnosis and
treatment of a patient and any other personal information must be kept in
secret, even after his death. Exceptionally, the descendants may have
right to access information that prevents them from health risks.
b) Confidential information can only be disclosed if the patient gives their consent.
explicit or if the law explicitly provides for that. Information can be given to other personnel
of health that provides attention, strictly on the basis of "need to know", to
unless the patient gives explicit consent.
c) All identifiable patient information must be protected. The protection of the
information must be appropriate to the manner of storage. Human substances
those who can provide identifiable information must also be protected from it.
mode.

1.2.9. Right to Health Education:

Every person has the right to education on the
health to help her make informed decisions
about your personal health and about health services
available.

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 1.2.10. Right to dignity:
a) The dignity of the patient and the right to their private life must be
respected at all times during medical care and the
teaching of medicine, just like its culture and values.
b) The patient has the right to alleviate their suffering, according to the
current knowledge.
The patient has the right to humane terminal care and to
receive all the available help to die in the most dignified way and
as much as possible.

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 1.2.11. Right to religious assistance:
The patient has the right to receive or reject spiritual assistance and
moral, including that of a representative of their religion

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 CHAPTER II

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 CHAPTER 1: PATIENT RIGHTS:
(MINSA)
2.1. Patient Rights
The purpose of this regulation is to regulate Law No. 29414, Law that establishes
the rights of users of health services, specifying the scope
of the rights to access comprehensive health care that includes
promotion, prevention, treatment, recovery and rehabilitation; as well as, to
access to information and informed consent.
this Regulation develops the national protection system
the rights of users of health services–SINAPRODESS, managed
by the National Superintendency of Health –SUSALUD and linked to the Council
National Health; and, the list of users' rights contained in the
General Health Law, Law No. 26842, along with the mechanisms for its dissemination in
the public, private, and mixed IAFAS and IPRESS.

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 2.1.1. Right to emergency care
Anyone who needs emergency medical or surgical attention, and
psychiatric, has the right to receive it in any public or private IPRESS
mixed. The emergency is determined solely by the medical professional
what emergency care does the patient receive in the IPRESS.

B. The IPRESS is obligated to provide such care as long as the state persists.
of serious risk to life and health, being unable to condition it to the
subscription of promissory notes, bills of exchange or any other means of payment.
Once the emergency care is completed, the IPRESS has the right to reimbursement.
for the expenses incurred and may request it from the IAFAS, according to the
coverage conditions granted by the IAFAS.

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 2.1.2 Right to freely choose the doctor or healthcare provider.
• a. Every person in the exercise of their right to health and well-being can
freely choose the doctor or the IPRESS that provides the care.
• b. For the exercise of this right, IAFAS must inform through means
suitable, to their insured the conditions of the Health plan including,
if that is the case, the use of the assignment model for your care in
a benefit network, in which case the choice referred to in the
This article must be understood in relation to the doctor.

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 2.1.3. Right to receive care with clinical judgment freedom.
The IPRESS is required to ensure that doctors perform their duties with
freedom to conduct clinical trials. The medical act is governed by the regulations
dictada por el Ministerio de Salud, el Código de Ética y Deontología del Colegio
Doctor of Peru and the international treaties ratified by the Government
Peruvian.

• Right to a second medical opinion.

Every person, under their responsibility and according to their contracted coverage with the
IAFAS or with its own resources, has the right to request the opinion of
another doctor, different from those offered by the IPRESS, at any time or stage
of their attention or treatment, they should inform their doctor
The practitioner who will record the request in the patient's medical history.

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 • 2.1.5 Right to access services, medications and
sanitary products.
Every person has the right to obtain services,
appropriate medicines and sanitary products
necessary to prevent, promote, preserve, or restore
his health, as required by the user's health.

b. The IAFAS will guarantee access according to the conditions

coverage with the affiliate, its financial sustainability,
guidelines for budget management and regulations
in force.

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 • 2.1.6 Right to be informed of your rights.
Every person has the right to be adequately informed
timely of the rights that he/she has in his/her capacity as
user and how to exercise them, taking into account their
language, culture, and particular circumstances.

Right to know the names of those responsible for your

treatment.
Everyone has the right to know the name of the doctor.
responsible for their care, as well as that of the people in charge
from the execution of the procedures. This information will be
recorded in the Clinical History under the responsibility of the doctor, as well as in
the note from health professionals, as applicable, in
strict adherence to the technical standard of Medical History
dictated by the Ministry of Health.
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 • Informed consent.
to grant your informed, free, and voluntary consent, without any mediation
no mechanism that vitiates your will, for the procedure or
health treatment, especially in the following situations:

b. On the occasion prior to the application of any procedure or

treatment as well as its interruption. Are excluded from the
informed consent in emergency situations, of risk
properly proven for the health of third parties or of serious risk to
the public health.

C. when it comes to risky tests, surgical interventions,

surgical contraception or procedures that may affect integrity
of the person, in which case informed consent must be documented
in writing in an official document that makes the information process visible
and decision. If the person does not know how to sign, they will fingerprint.

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 When it comes to exploration, treatment, or exhibition for purposes
teachers, the informed consent must be in writing in a
official document that makes the information and decision-making process visible.

The enumeration of the rights contained in Article 15 of the Law

Health General does not exclude the other contents in that Law or those that ...
The Political Constitution of Peru guarantees.

• 2. 1. 9 Right to the medical record.

Every person using health services or their representative, according to
the provisions of article 4 of this Regulation, has the right to
request a complete copy of your medical history, which must be delivered in
a period no greater than five (5) business days. The applicant assumes the costs
what the order entails. Written consent is required from the
user or their representative, as stated in article 4°
of this Regulation, to disclose information from the medical history or, in
General, regarding their state of health, except in the cases contemplated in the
article 25 of Law 26482, General Health Law
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 2.1. 10 Right to file complaints and grievances.
Any person who is dissatisfied with the service
recibida, tiene derecho a ser escuchada y recibir respuesta,
being able to file your complaint with the competent authorities
from IAFAS or IPRESS or through a complaint to SUSALUD for the initiation of
administrative procedure that may correspond, according to
the regulations issued by your health regarding the matter.

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 CONCLUSIONES
• 1.- Regarding health rights, the right of the insured is recognized to
access health, social, and economic benefits from EsSalud in a timely manner
opportune; to receive good and quality treatment; to receive preferential attention in
if they are pregnant, an elderly person, or a person with a disability; as well as knowing the
identity of the worker providing the service.

• 2.- To know that the fundamental principle is respect for the dignity of the person and
the understanding that Social Security is a human right that guarantees the
access to health services, to achieve the well-being of ESSALUD users.

• 3. The recognition of patient rights must be understood as laws in

which underpins the importance of the knowledge that must be held by the
patient and on the responsibility of the health personnel, in which the accuracy of
The information must be clear and coherent for decision-making.

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 BIBLIOGRAPHIC REFERENCES
• [Link]
Defender's Office of Essalud - DAE
• [Link]
• Vidal M. and others. 2005. Informed Consent and Quality of Care in Nursing.
Publication of the Consortium Hospital General Universitario Valencia. 12:43 p.m. (online) URL:
[Link] (Consulted May 25,
2018)
• Casas, A. y otros. 2008. El derecho a la información del paciente: Una aproximación legal
deontological. University Texts from the Library of the University of Barcelona No. 21. (in
line) URL: [Link] (Consulted June 13, 2018)
• [Link]
• [Link]
informed-consent-of-patients-and-users/

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