Explanatory Notes

Patient Rights (Scotland) Act 2011

2011 asp 5

31 March 2011

Commentary on Sections

Section 3: Patient rights

17.Subsection (1) sets out the right for every patient that the health care they receive is to be provided in a certain way, as described in subsection (2).

18.Subsection (2) describes the way in which that health care should be provided. It should be patient focused, which means regard must be had to the patient’s needs; to the importance of providing the optimum benefit to the patient’s health and wellbeing; and the patient should be encouraged to play an active part in decisions relating to their treatment and health care, and they should be provided with appropriate information and support, in a format that is appropriate for their needs, to be able to participate in such decisions. In practice, this might mean:

19.Subsection (3) gives patients a right to give feedback or comments, or raise concerns or complaints about the health care they have received.

20.Subsection (4) enables the Scottish Ministers to modify subsection (2), following appropriate consultation. For example, bodies that might be consulted could include Health Boards, healthcare workers professional bodies, and members of the public.