Patient Rights

Have you been referred for a health care evaluation or are receiving treatment?

If you answered yes, you are a patient with rights and responsibilities. The rights you have as a patient are covered by the basic rules of conduct between patients and health care professionals. Often, patients don’t realize these rights exist.

You are entitled to exercise your rights as a patient when receiving treatment or care from a health care professional. Treatment may include:

• dental care,
• identifying and responding to an illness,
• hospital care,
• home care (such as visits by a nurse),
• nursing home care,
• rehabilitation,
• prevention (such as immunizations or preventative education and tips), and
• physical exercise, rest and diet regimes as recommended by health care professionals.

A patient’s rights may vary between provinces in Canada. Here are some examples of your rights in New Brunswick:

• be informed by health care professionals about the treatment,
• be informed about the usual risks, side effects and benefits of the treatment,
• a second opinion,
• refuse treatment,
• provide informed and voluntary consent to treatment,
• professional health care services covered by Medicare,
• choose a doctor who is willing to accept you as a patient,
• request medical assistance in dying if you are suffering from a serious illness and are at the end of your life,
• read and get a copy of your health care record,
• privacy, and,
• confidential handling of your health care situation.

Consent is an important issue around treatment. It is the permission given to health care professionals to start treatment. Without consent, treatment generally cannot begin. However, in a life-threatening or emergency situation to which you are unable to consent, health care professionals can provide limited treatment. Even in an emergency, if a patient refuses treatment, health care professionals must generally follow the patient’s wishes.

Anyone 19 years and older is considered mentally capable and legally competent to consent to treatment, unless proven otherwise. In New Brunswick, the Medical Consent of Minors Act gives anyone 16 years or older the right to consent to treatment. In some circumstances, the law also says that a child under 16 may be able to consent to treatment.

How do I give consent?

You may give consent by:

• Allowing health care professionals to treat you.
• Asking health care professionals to begin treatment.
• Signing a consent form agreeing to treatment.

Who qualifies?

Anyone who is receiving care or has been referred for evaluation or treatment by health care professionals is a patient with rights.

FAQ

What is required to make consent for treatment valid?

Certain conditions must be met for consent to be considered valid, including:

1. Your consent must be informed. Health care professionals must explain your situation in a way that allows you to understand:

• the nature of the illness,
• the nature of the treatment and why it is necessary,  
• the usual risks, side effects and benefits of the treatment,
• the treatment choices available,
• how the treatment will affect your life,
• how the treatment may change your work and financial situation (For example, you may need to pay for special costs not covered by Medicare.),
• the possible results of refusing treatment, and,
• who will perform the treatment procedure.

2. Your questions should be answered before you give consent.
3. Consent must be voluntary. You must agree to your treatment, free from any influence or intimidation from others.
4. You must be legally competent. Legal competence means you must be able to make and understand the consequences of your decision.
5. Consent should be given for a specific procedure to be performed rather than for a general procedure.
6. You should have a clear mind when you give consent. For example, you should not give consent after receiving an anaesthetic or strong medication.

Do I have responsibilities as a patient?

Yes. You play a key role in your health care treatment. Your responsibilities include:

• Asking your health care professional if they are licensed and belong to a professional association or licensing body.
• Making sure you understand your treatment plan. In agreeing to the treatment, you are responsible for following its instructions, including returning for check-ups if requested.
• Asking questions to find out the risks involved and the treatment choices. If you have concerns about your privacy, tell the health care staff.
• Informing health care professionals about your health problems, such as allergies.
• Getting a second opinion if you have concerns about the treatment.
• Knowing exactly what you consent to when you agree to the treatment.
• Reading consent forms carefully and add or omit directions to express your wishes.

Note: If you are living in an institution, such as a hospital or nursing home, it is good practice to ask about the institution’s “philosophy of care” or “resident’s rights.” Such a policy may set out your rights as a patient.

Do I have a right to refuse treatment?

Yes, you have the right to refuse treatment. This could include deciding against surgery, taking medication or releasing yourself from hospital. Health care professionals generally cannot begin treatment if you tell them you don’t want to be treated – even if its absence could mean death. It is wise to ask the health care professional how your decision will affect your health.

Can other people see or get a copy of my health care records?

Health care professionals cannot show your health care records to others without your consent. However, in certain exceptional circumstances, such as a health emergency, the Personal Health Information Privacy and Access Act allows access without consent. Some examples of these circumstances include:

• When you are incapable of giving consent, a health care professional may disclose your information to contact a relative, friend or someone who is legally permitted to make decisions on your behalf, and
• When disclosure is required to prevent or reduce a risk of serious harm to your mental or physical health or that of others.

If a health care professional needs to share your health care records, they may only disclose the minimum amount of information necessary and only to those who have the right to see it.

What can I do if I think my patient rights have been violated?

Depending on the nature of your complaint, the following individuals, associations and government departments may be able to help:

• The health care professional who treated you: you should first discuss your problem with your provider. If you are not satisfied with their explanation you can take further action.
• The medical facility or nursing home: you can speak with the administrator or director of the facility. You should ask whether a patient advocate, patient representative or a patient/resident council is available to help you file a complaint about the services of that facility.
• A licensing authority such as the College of Physicians and Surgeons of New Brunswick: contact information for licensing authorities are found online or you can get their phone number from directory assistance. The hospital where the health care professional works will know what licensing authority to call to file a complaint.
• A professional association: you can contact the professional association of the health care provider. That information is found online or by calling directory assistance.
• The New Brunswick Ombud’s Office: the Ombud’s Office helps people who have complaints about provincial departments or agents, such as hospitals. Call 1-888-465-1100, fax (506) 453-5599 or complete a complaint form here.
• The Minister of Health: call (506) 457-4800 for more information about how to lodge a complaint.
• New Brunswick Medicare: this office deals with complaints about payments for health care services. Call 506-453-4227 or email Medicare.Client.Advocate@gnb.ca.
• Contact the police about offences covered by the Criminal Code.

When should I contact a lawyer?

You may need legal advice if you were treated by a health care professional without your consent. You may also need legal advice if you feel that your health care professional failed to provide reasonable care and treatment and you suffered an injury as a result of the treatment. The Law Society of New Brunswick can help you find a lawyer in your area. You can call the office at (506) 458-8540 or email general@lsbnb.ca.