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Patient Rights and Responsibilities: a draft for consultation

A Scottish Executive Consultation Document

The UNISON Scotland Response

June 2003

Executive Summary

UNISON Scotland is supportive of the proposal to publish a statement of patient rights and we welcome the Executive's commitment to modernise NHS Scotland by designing services around the needs of patients and their carers and families. UNISON Scotland believes that the NHS in Scotland must listen and respond to patients if it is to develop into an effective and efficient patient centred service.

UNISON Scotland believes that patients and other users of the NHS in Scotland should be the focus of the service, not as ‘customers' but as partners with rights and responsibilities and an entitlement to be treated with dignity and respect. We also believe that patients should have a greater role in the clinical decision making process, which directly effects the treatment and care that they are afforded by the NHS in Scotland.

UNISON Scotland believes that in order for the NHS to be able to transform itself into an patient centred Health Service staff must be supported, empowered and valued to a greater extent than has been done in the past. UNISON Scotland is pleased therefore that the Executive has outlined plans in the White Paper ‘Partnership for Care' for a greater level of staff involvement in decisions surrounding service delivery.

UNISON Scotland believes that greater emphasis needs to be placed on the need for cultural change within the NHS in Scotland if the Executive's commitment to shape NHS services to fit the needs of individuals is to be achieved. NHS users already posses legal rights but many lack awareness of how to exercise them effectively. UNISON Scotland believes that this will continue unless the Executive promotes cultural as well as structural changes within NHS Scotland.

UNISON Scotland broadly welcomes both the draft statement on patient rights and the draft information leaflet on accessing health records. We believe the content of both to be comprehensive in nature, setting out in sufficient detail the kind of information which patients and their families will find helpful in their dealings with the NHS.

Introduction

UNISON is Scotland's biggest health union representing thousands of NHS staff throughout the country. Our members include nursing, ancillary and clerical staff, all of whom the NHS depends upon to ensure the safe and effective functioning of the Health Service in Scotland.

This paper constitutes UNISON Scotland's response to the consultation document issued by the Scottish Executive entitled: ‘Patient Rights and Responsibilities'

Background

The consultation document entitled ‘Patients Rights and Responsibilities' sets out what patients have a right to expect from the health service in Scotland and how they can access their health records. The document also gives instructions on what patients and the public must do if they wish to comment or make a complaint regarding the service they have received from the NHS.

In summary it provides information on:

  • How to comment on your care
  • What happens when you leave hospital
  • How to find about standards for particular treatments e.g. kidney disease
  • Guaranteed waiting times
  • How to get involved in improving services in your local area

The proposals set out in the Annex ‘How to Access Your Health Records' explains to patients their legal right to view their health record and any medical reports concerning them, including reports undertaken for an insurance company or employer. The leaflet describes what constitutes a health record, gives details on how to apply to see the records and how to complain if there are any problems with the way a patients application has been dealt with.

Responses

  1. Does the draft statement give you enough information on your rights and responsibilities when being treated in the Health Service?

UNISON Scotland welcomes the Executive's commitment to providing a Health Service, which is safe and of high quality and that is designed around the needs of patients and their carers and families.

UNISON Scotland believes that the draft statement is one, which will be welcomed by the overwhelming majority of those who use the NHS in Scotland. We believe the content of the statement to be comprehensive in nature, setting out in sufficient detail the kind of information which patients and their families will find helpful in their dealings with the NHS.

However, UNISON Scotland also believes that the publication of a national patients charter, containing as it will NHS pledges relating to standards ofcare and guaranteed waiting times, has the potential to raise false expectations amongst service users. UNISON Scotland firmly believes that the Executive must continue to commit additional resources to the NHS in Scotland to ensure that it is able to meet its pledges to patients and to transform itself into a patient centred service.

2. Do you feel the draft statement is easy to understand?

UNISON Scotland believes the draft statement to be uncomplicated and straightforward.

3. Did you find the information on "your rights" useful? Is there any information which you think should be added to or taken out of this section of the draft?

UNISON Scotland believes the section entitled ‘your rights' contains practical information, which will be of real value in raising awareness of basic rights within the large patient body served by the NHS in Scotland.

However, UNISON Scotland also believes that a lack of knowledge in relation to patient's basic rights is matched by widespread ignorance amongst patients on how to exercise these rights effectively. As such, UNISON Scotland would like to see the statement contain information that not only raises awareness of these rights but also assists patients in how to exercise these rights effectively.

4. Did you find the information on "your responsibilities" useful?

Is there any information which you think should be added to or taken out of this section of the draft?

UNISON Scotland believes the section entitled ‘your responsibilities' contains practical information, which will be of value in raising awareness amongst the patient body of their responsibilities towards the NHS.

UNISON Scotland believes that highly trained and motivated staff who are ‘fit for purpose' are the greatest resource within the NHS and need to be valued within the organisations where they work. As such, UNISON Scotland is pleased to see the draft statement include a section on patient's responsibility to treat staff with consideration and respect.

UNISON Scotland recognises that as a result of certain illnesses, aggressive violence can occur, however what we are not prepared to tolerate is disrespect of NHS staff by some members of the public. As such we would urge the statement to go further and to spell out to patients the likely sanctions which will be brought against them if they are involved in violent incidents against NHS staff.

5. Does the information in the draft leaflet ‘How to see your health records' give you enough information on your rights in this area?

Is there any information which you think should be added to or taken out of this section of the draft?

We believe the content of the draft leaflet to be comprehensive in nature, covering all the main points and setting out in sufficient detail the kind of information which patients will find helpful in their dealings with the NHS.

6. Do you feel that the draft leaflet is easy to understand?

If you answered no to this, please explain how the leaflet could be made easier to understand.

As stated previously, UNISON Scotland believes the draft leaflet to be sufficiently comprehensive in terms of explaining patient's rights of access to their health records and we view the draft leaflet as uncomplicated and straightforward.

For Further Information Please Contact:

Matt Smith, Scottish Secretary
UNISONScotland
UNISON House
14, West Campbell Street,
Glasgow G2 6RX

Tel 0141-332 0006 Fax 0141 342 2835

e-mail matt.smith@unison.co.uk

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