On Patient Rights and Duties

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RuneTheChookcha
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On Patient Rights and Duties

Post by RuneTheChookcha » Fri Jul 03, 2020 4:20 pm

Here is my understanding of the legal status of a patient. Please correct (or update) any of the following, if wrong.

From the official "Patient Rights":

"...One can accept or reject a treatment, surgery, or any other medical procedure. This both in the case that the person is healthy or in a terminal condition...

Voluntary discharge, in the event that the person expresses her wish not to be treated, she may request voluntary medical discharge..."


Contenidos de la "Ley de derechos y Deberes de los Pacientes"

"...Aceptar o rechazar un tratamiento, una cirugía, o cualquier otro procedimiento médico. Esto tanto en el caso que la persona esté sana o en una condición terminal. No obstante, en ningún caso el rechazo podrá tener como objetivo la aceleración artificial de la muerte o un suicidio asistido. Además se incluye el derecho a que se respete su decisión de querer o no informar a sus familiares sobre su estado de salud.

Alta voluntaria, en el caso que la persona exprese su deseo de no ser tratada podrá solicitar el alta médica voluntaria..."

Sources:

Ley de Derechos y Deberes del Paciente N° 20.584
http://www.ssmso.cl/tmpArchivos/partici ... 0Salud.pdf

http://www.supersalud.gob.cl/consultas/ ... -4185.html

http://www.supersalud.gob.cl/664/w3-printer-7582.html

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Re: On Patient Rights and Duties

Post by admin » Fri Jul 03, 2020 4:41 pm

so what is the question?
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RuneTheChookcha
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Re: On Patient Rights and Duties

Post by RuneTheChookcha » Fri Jul 03, 2020 8:40 pm

Here goes the question (sorry if too long):

What are the legal changes to the present patients' consent policies (here in Chile), and other patients' rights during the pandemic?

Do patients still have the right to refuse any treatment, as stated by the existing law (noted the OP)?

What has to be done if one refuses COVID-19 testing, or refuses recommended treatment?

If so, is the refusal has to be in some specific form, or has to be documented in writing?

Can there be legal authorities (other than Court decisions) that may *mandate* that people undergo testing and / or treatment?

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Re: On Patient Rights and Duties

Post by admin » Fri Jul 03, 2020 8:41 pm

RuneTheChookcha wrote:
Fri Jul 03, 2020 6:06 pm
I wanted to make sure one can "accept or reject a treatment, surgery, or any other medical procedure" regardless of the present emergency state. Or there are new laws "overwriting" the existing Ley de derechos y Deberes de los Pacientes.
You can refuse treatment.

you can not refuse quarantine.

or, more exactly when ordered by the minister of health to quarterine, and you don't you get a couple choices.

you can go to hospital (if you are that sick)

you can go to one to the quarantine hotels

or you can go to jail

one way or the other you are going to be quarantined.

still up to you if you want to not be treated.

and yes, they can force you to be tested.
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Re: On Patient Rights and Duties

Post by RuneTheChookcha » Fri Jul 03, 2020 8:44 pm

OK, thanks. I have edited the previous post, though the answer is enough. Of course, I do understand people can not refuse quarantine. In some countries (cannot remember exactly where) it is allowed to refuse testing, but one has to complete a bit of a paperwork.

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eeuunikkeiexpat
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Re: On Patient Rights and Duties

Post by eeuunikkeiexpat » Fri Jul 03, 2020 11:56 pm

Of course this begs the question regarding a "future" "vaccine", can it be mandatory (figurative gun to head with jail or exclusion from society)??
There are two ways to be fooled.

One is to believe what isn't true;

the other is to refuse to believe what is true.

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Re: On Patient Rights and Duties

Post by RuneTheChookcha » Sat Jul 04, 2020 12:12 am

{ edited out by the poster }

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tiagoabner
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Re: On Patient Rights and Duties

Post by tiagoabner » Sat Jul 04, 2020 1:08 am

eeuunikkeiexpat wrote:
Fri Jul 03, 2020 11:56 pm
Of course this begs the question regarding a "future" "vaccine", can it be mandatory (figurative gun to head with jail or exclusion from society)??
I'm not sure if it will be mandatory, but you can be certain that some countries will require it as a mandatory item for entry. Kind of yellow fever vaccine for Panama or SE Asia countries: either you show proof that you've taken it, or you cannot go in.
I'm NOT your lawyer, accountant or financial planner. All information at this post should be considered for your entertainment only. Consult a professional before making a decision regarding whatever topic was mentioned in this post.

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Re: On Patient Rights and Duties

Post by admin » Sat Jul 04, 2020 9:50 am

vaccine is a completely different issue.

not mandatory for the general public.

They can be made madatory for certain institutions. for example, school age kids. it is a parents right to refuse the vaccine, it also the right of the institution to refuse to allow your kid to attend the school without being vaccinated.
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nikotromus
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Re: On Patient Rights and Duties

Post by nikotromus » Sat Jul 04, 2020 11:21 am

admin wrote:
Sat Jul 04, 2020 9:50 am
vaccine is a completely different issue.

not mandatory for the general public.

They can be made madatory for certain institutions. for example, school age kids. it is a parents right to refuse the vaccine, it also the right of the institution to refuse to allow your kid to attend the school without being vaccinated.
Hey Admin - Do you see the laws changing and vaccines being made mandatory for normal entry into the country once the vaccine has been made available to the public? I know you don't have a crystal ball but you have your fingers on the pulse of Chile tighter than anyone I can think of. Thanks!

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Re: On Patient Rights and Duties

Post by admin » Sat Jul 04, 2020 12:25 pm

nikotromus wrote:
Sat Jul 04, 2020 11:21 am
admin wrote:
Sat Jul 04, 2020 9:50 am
vaccine is a completely different issue.

not mandatory for the general public.

They can be made madatory for certain institutions. for example, school age kids. it is a parents right to refuse the vaccine, it also the right of the institution to refuse to allow your kid to attend the school without being vaccinated.
Hey Admin - Do you see the laws changing and vaccines being made mandatory for normal entry into the country once the vaccine has been made available to the public? I know you don't have a crystal ball but you have your fingers on the pulse of Chile tighter than anyone I can think of. Thanks!
could be....

right after they finish passing the new immigration law, the new constitution, all the laws to fix the new constitution, reform those laws, .....

seriously though, they already can block people from entering with certain medical conditions, including requiring mandatory vaccinations. That has always been on the books.

That said, for example HIV is listed as grounds to block people (and the stupid consulates still ask for health certs, even though they are no longer required), but has not been enforced at all. I know of lots of HIV positive people that moved to Chile, even declaring getting HIV treatment as their reason for moving to Chile.

Most of the vaccination / health laws on the books were from era when epidemics and pandemics were routine; and in Chile, that was not that long ago. A lot of Chile's vaccinations programs for the most common contagious dieses were only really substantially completed in many areas in like the 80's and 90's. However, given the nieghborhood, Chile is constantly fighting infections from the neighbors that don't have them under control (e.g. meningitis, TB, etc).

so, yes they could require covid vaccination to enter the country. There is already plenty of laws to allow the minister of health to order it, with no new laws or authority required.
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Re: On Patient Rights and Duties

Post by admin » Sat Jul 04, 2020 12:34 pm

my favorite was a few years back durring the h1n1 "bird flue".

The health department ordered all feathers or raw bird parts to be blocked.

well, that got poorly translated in practice.

clients and friends of ours that run fly fishing lodges and are fly fishing guides in Patagonia arrive for the season with their flies, often thousands of dollars in hand tied flies. SAG decided they were not going to let them in. They finally reversed that order, but good intentions gone badly wrong, that nearly killed off the whole industry.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

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