The Patient’s Right to Personal Contact with Visitors (Visitation Privilege) and the Issue of Patient’s Rights Limitations

Abstract

The article analyzes the issue of the patient’s right to personal contact with others (so-called visitation privilege), and particular attention is paid to permissible limitations of this right, including a ban on visitors. Under Article 5 of the Act on patient’s rights and Patient’s Rights Ombudsman, a head of any entity providing health care services or a physician authorized by him/her may limit the patient’s right to personal contact with other persons in the event of an epidemic threat in order to safeguard the health safety of patients. The organizational capacities of a health care provider must also be taken into consideration. The literal meaning of the above provision implies that only the limitations on visitation privileges may be introduced but not an absolute ban on visitors. However, as it seems, in the case of a significant threat to the life and health of visitors, patients or staff of a health care provider, it may be allowed to ban any visits, also under separate regulations.