De wet betreffende de rechten van de patiënt: (r)evolutie in de geestelijke gezondheidsozrg voor ouderen?

The Belgian law concerning the rights of the patient introduced on the 22nd August 2002 has established a more precise basis for the relationship between the care provider and the patient, and has important implications for old age psychiatry. This article covers the implications of various rights of the patient enshrined in the new law including qualitative care, right to information, right to look into as well as to obtain a copy of one's medical file and informed consent. The patient should give consent for any medical act on an informed, preceeding and free basis. Therefore a patient who is able to take decisions has the right to refuse an investigation, treatment or admission. The right to deny any medical act can also be exercised by way of a written will. In case of emergency, consent is presumed. For the first time this law provides a clear legal framework for medical acts in patients with impaired decision making competence. When a patient is not able to provide an informed consent, a representative will act on his behalf. In specific circumstances the care provider is allowed to decide in the best interest of the patient. We outline a process oriented, task specific, time-tied and gradual model of decision making competence.

Jaar van publicatie:2008