ਮਰੀਜ਼ ਵਜੋਂ ਅਧਿਕਾਰ
As a patient in England, you have legal rights guaranteed by the NHS Constitution, common law, and statute. These include the right to informed consent, access to treatment, confidentiality, and the right to complain. Whether you are receiving treatment on the NHS or privately, healthcare professionals owe you a duty of care.
Last updated: 2025-03-01
Your Rights
Right to Informed Consent
No medical treatment can be given without your informed consent. A healthcare professional must explain the treatment, its risks and benefits, and any alternatives. Following Montgomery v Lanarkshire [2015], you must be told of any 'material risk'.
Right to Refuse Treatment
A competent adult can refuse any treatment, even life-saving treatment, for any reason. This right is absolute. Treatment without consent is battery.
Right to Confidentiality
Your medical records and personal health information are confidential. Healthcare professionals can only share your information with your consent, or where required by law or necessary to prevent serious harm.
Right to Access Your Medical Records
You have the right to access your health records. A Subject Access Request under the UK GDPR allows you to obtain a copy free of charge within one month.
Right to Complain
You have the right to complain about NHS treatment. Complaints are handled through the NHS complaints procedure, with oversight from the Parliamentary and Health Service Ombudsman.
Right to Choose Your GP and Hospital
You have the right to choose your GP practice and, for most planned treatments, to choose which hospital to attend.
Right to Treatment Within Waiting Times
The NHS Constitution pledges that you should wait no more than 18 weeks from GP referral to treatment (Referral to Treatment standard).
Common Myths
Doctors always know best — you have to follow their advice.
You have the right to make your own decisions about treatment, even if the doctor disagrees. Doctors must respect your autonomy.
You can't see your own medical records.
You have a legal right to access your medical records under the UK GDPR, free of charge, within one month.
Children can never consent to their own treatment.
Children under 16 can consent if they are 'Gillick competent' — meaning they have sufficient understanding and intelligence to fully understand the treatment.
What To Do
Ask Questions
Ask your doctor to explain your condition, the proposed treatment, risks, and alternatives. You have the right to understand before consenting.
Give or Withhold Consent
Consent must be voluntary and informed. You can withdraw consent at any time, even during a procedure.
Request Your Records
Make a Subject Access Request to your GP or hospital to obtain a copy of your medical records.
Make a Complaint
Complain first to the healthcare provider (hospital or GP practice). If unsatisfied, escalate to the Parliamentary and Health Service Ombudsman.
Seek Legal Advice for Negligence
If you believe you received substandard care that caused harm, consult a clinical negligence solicitor. Most offer free initial consultations.
Key Legislation
- NHS Constitution for England
- Mental Capacity Act 2005
- Mental Health Act 1983
- UK GDPR and Data Protection Act 2018
Useful Contacts
PALS (Patient Advice and Liaison Service)
Every NHS trust has a PALS team to help resolve concerns.
Action Against Medical Accidents (AvMA)
Free advice on clinical negligence.
Tel: 0845 123 2352
Website