The right to be informed about one’s state of health

The right to know

Principle

The patient has the right to be provided with all information about their state of health and their likely prognosis. This right applies whether or not treatment is possible. Even if the diagnosed condition is incurable, the patient is entitled to be informed about their state of health.

The healthcare provider, for their part, is obliged to provide the patient with all necessary information to allow them to understand their state of health and likely prognosis. They are obliged to communicate this information in clear, comprehensible language, and ensure that the patient has fully understood.

This information may be disclosed to the patient’s accompanying person if the patient so wishes.

Therapeutic exception

In exceptional circumstances, the physician is entitled to withhold information from the patient about their state of health if that information could seriously harm the patient psychologically, and thus impact their physical health. Such withholding must only be a temporary measure. This information must be disclosed to the patient when there is no longer a foreseeable risk of their being psychologically harmed by learning it.

Beforehand, the physician must consult one of their peers and, as far as possible, the patient’s person of trust.

When a physician invokes a therapeutic exception, the information about the patient’s state of health can still be obtained or consulted by a different physician treating the patient, possibly of the patient’s choosing. This second physician may lift the therapeutic exception, if they believe it is not or is no longer justifiable to withhold the information.

The right not to know

Principle

The law grants patients the right to be informed, but also the right not to know. More specifically, patients have the right not to be informed, such as in the case of an incurable disease. If the patient wishes to exercise their right not to know, that choice will be recorded in their medical file.

This right not to know about a diagnosis, prognosis or any other information will be respected, but it is not absolute.

If failing to disclose certain information could harm the patient’s health or that of another person, the healthcare provider is compelled to inform the patient about their state of health (for example, if they are suffering from a serious contagious disease).