Know your rights as a patient

By learning about your rights as a patient, you can take greater control of your care and make informed decisions about treatments and medical procedures.

As a patient in Canada, you have certain rights. This article will go through five of them in detail. For the full list, see the Dying with Dignity Canada’s (DWDC) Patient Rights Guide at https://www.dyingwithdignity.ca/wp-content/uploads/2022/02/DWDC_PatientRightsGuide2022_Eng.pdf

Informed Consent

You have the right to understand your health condition and the treatments available to you.

You cannot be forced to undergo medical treatment without your informed consent, except during emergency situations (unless you have a do-not-resuscitate order).

Your healthcare provider has both a professional and a legal duty to involve you in decisions about your health care, and to obtain consent from you (or from your Substitute Decision-Maker in the event of your incapacity) – before treatment (subject to care in an emergency).

Informed consent requires your healthcare provider ensure that you (or your Substitute Decision-Maker) fully understand:
• Your diagnosis (the disease or condition that you have);
• Your prognosis (the likely course of your condition);
• The treatment options available; and
• The risks and benefits of the proposed treatment(s).

Your healthcare provider must explain the recommended treatment, any possible alternatives, why a particular treatment is better than others, and the likely outcomes if you choose a different treatment or no treatment at all.

Second Opinions

You have the right to a second opinion.

If you are unsure, have doubts, or just want further information or assessments regarding a health matter, you can ask for a second opinion. You can ask your healthcare provider to make a referral for you.

How to broach the subject:
• I’d like to make an informed decision about my condition.
• Is there another specialist I could speak to?
• I’d like a second opinion about my case so I can be certain I am making the right decision and fully understand my options.

If your health care provider refuses to provide a referral, you can approach another provider for a referral. Each province and territory has their own referral recommendations or policies.

Treatment Options

You have the right to accept, refuse or discontinue medical treatments, and to change your mind at any time.

Your healthcare provider is required to explain your options and make recommendations for your best course of action as part of the informed consent process.

Your healthcare provider may express that the health decision you make is unwise in their opinion; however, they cannot force you to accept a treatment that you do not want.

Stop Treatment

You have the right to refuse or stop any treatment at any stage of your health care, even if such refusal or withdrawal proves detrimental to your health or leads to your death.

Your healthcare provider must respect your informed decision to stop treatment. Legally, there is no difference between discontinuing a treatment that has already started and refusing it in the first place.

When you agree to start a medical treatment, you are giving your consent. But you are entitled to change your mind and withdraw your consent at any time.

Pain and Symptoms Management

You have a right to be kept comfortable, even if the necessary medications will hasten the dying process.

Pain affects quality of life by creating discomfort and, often, distress. Pain caused by diseases such as cancer can be constant and severe at the end of life.

A healthcare provider can offer pain management and has an ethical responsibility to do everything they can to control your pain.

What happens to our bodies and the choices we make about our care are just as important when we are closer to the end of our lives, as they are when we are young. For many of us, what matters most is the individual freedom to make our own choices, based on our values and our definition of quality of life. Our values and vision for end-of-life will change over time. It is important to remain informed, update our records, and continue conversations about end-of-life choice and care.

Become an advocate for your own health, and make sure you know and understand your rights, and share this information with your loved ones.