Patients’ rights are not merely a list of duties owed to people receiving care. They are a genuine area of legal risk for every doctor and healthcare provider. In practice, many proceedings before the Polish Patient Rights Ombudsman begin with an apparently minor infringement, most often of the right to information or the right to medical records.
It is therefore worth putting the basics in order: what are patients’ rights, which statute governs them and which rights matter most to a doctor operating a practice or healthcare provider?
Patients’ rights – legal basis
Patients’ rights are governed by the Polish Act of 6 November 2008 on Patients’ Rights and the Patient Rights Ombudsman.
This Act defines:
- the rights held by patients,
- the rules governing access to medical records,
- the complaints procedure,
- the powers of the Patient Rights Ombudsman,
- the possibility of pursuing claims where rights have been infringed.
The Patients’ Rights Act has a direct bearing on the day-to-day organisation of work in a practice or outpatient clinic.
The most important patients’ rights – what must a doctor know?
The Act on Patients’ Rights and the Patient Rights Ombudsman contains an extensive catalogue of entitlements. From the perspective of a doctor carrying on medical activity, the key rights are:
1. The right to health services consistent with current medical knowledge
Patients are entitled to services provided in accordance with current medical knowledge and with due care.
2. The right to information
The right to information entails a duty to tell the patient about:
- their health,
- the proposed diagnostic and treatment methods,
- the possible consequences of using or not using them,
- the prognosis.
The right to information is one of the allegations raised most frequently in disputes with patients. Often, the problem is not absent or incorrect treatment but a failure to document the discussion with the patient properly.
If you would like to organise your rules for providing access to records, see also:
Access to medical records – the key rules for doctors
https://prawodlamedyka.pl/dostep-do-dokumentacji-medycznej/
3. The right to consent to healthcare services
Patients have a right to give informed consent to an operation or medical procedure. Absent or invalid consent may give rise to civil liability and, in specified circumstances, criminal liability.
4. The right to medical records
Patients are entitled to inspect their medical records and receive a copy. Refusing access without a legal basis infringes the patient’s rights.
It is therefore essential not only to provide access but also to keep the records properly. The following guide may help:
How should medical records be kept correctly in 2026?
https://prawodlamedyka.pl/jak-prawidlowo-prowadzic-dokumentacje-medyczna-w-2026-roku-praktyczny-przewodnik/
5. The right to respect for dignity and privacy
This concerns both the way in which an examination is conducted and how the facility’s work is organised.
These core patients’ rights create the greatest risk of disputes and proceedings before the Patient Rights Ombudsman.
Patients’ rights charter – does it still apply?
Today, the patients’ rights charter serves as a consolidated summary of statutory rights. It is an information resource, not a separate legal instrument.
A healthcare provider must make information about patients’ rights available at the place where services are provided, in a way that allows patients to read it.
The patients’ rights charter should therefore be displayed prominently at the facility or be available on its website.
What does the Patients’ Rights Act mean for doctors?
The Act defines the Ombudsman’s powers. The Ombudsman may:
- conduct investigations,
- require healthcare providers to give explanations,
- request documentation,
- impose administrative penalties in specified circumstances.
For doctors, this means that any infringement of a patient’s rights may result in formal proceedings, even if no clinical harm has occurred.
Frequently asked questions (FAQ)
Do patients’ rights apply in private practices?
Yes. These rights derive from the Polish Patients’ Rights Act and apply whether services are provided under the NFZ system or privately.
What are the consequences of infringing a patient’s rights?
An infringement may result in:
- proceedings before the Patient Rights Ombudsman,
- an administrative penalty,
- civil liability,
- professional disciplinary liability.
Does the right to information mean that a doctor must provide every detail of the treatment?
The right covers information about the patient’s health, proposed treatment methods, risks and possible consequences of using or not using them. The information should be conveyed in an intelligible way and documented.
Must the patients’ rights charter be displayed in the practice?
Yes. Information about patients’ rights should be available where services are provided or on the facility’s website.
May a patient request a complete copy of their medical records?
Yes. The Polish Patients’ Rights Act gives patients a right of access to their medical records and to receive a copy.
Is your facility ready for a review of patients’ rights?
In practice, most problems involving patients’ rights arise not from a lack of medical knowledge but from disorganised procedures and documentation.
The most common risks are:
- failure to document the provision of information properly,
- outdated consent forms,
- unclear procedures for providing access to records,
- no information about patients’ rights at the facility.
If you run a practice or healthcare provider, it is worth checking periodically that the organisation of work genuinely complies with the Polish Patients’ Rights Act.
If you would like to establish whether your documentation and procedures concerning patients’ rights comply with the legislation, you can arrange an individual analysis.
Contact us to have your procedures and documentation reviewed.
https://prawodlamedyka.pl/kontakt/
Alternatively, learn about ongoing support under a subscription model:
Legal Check-Up – ongoing legal support for healthcare providers
https://prawodlamedyka.pl/legal-check-up/
Legal basis and sources
- Polish Act of 6 November 2008 on Patients’ Rights and the Patient Rights Ombudsman
Polish Act of 6 November 2008 on Patients’ Rights and the Patient Rights Ombudsman - Polish Patient Rights Ombudsman – official information
https://www.gov.pl/web/rpp - gov.pl portal – patients’ rights
https://www.gov.pl/web/zdrowie
