Patient Rights in Israel - The Complete Guide to Everything You're Entitled To

Patient Rights in Israel - The Complete Guide to Everything You're Entitled To

Each of us encounters the healthcare system - whether at a clinic, hospital, or health fund. But do you know what your rights are as patients? What are you legally entitled to? And what can you demand?

The Patient Rights Law is a fundamental law in Israel's healthcare system. It is designed to protect patients and ensure they receive fair, respectful, and professional treatment. Understanding your rights is essential - not only in cases of medical malpractice, but in every encounter with the healthcare system.

In this article, we will review in detail all the rights you are entitled to as patients in Israel.

The Patient Rights Law - Background

The Patient Rights Law, 1996 was enacted to ensure dignity, privacy, and quality of care for patients in the healthcare system.

The law applies to:

• Government hospitals
• Private hospitals
• Health fund clinics
• Private clinics
• Nursing homes and long-term care facilities
• Dental clinics
• Any medical setting

The law obligates:

• Physicians
• Nurses
• Paramedics (physiotherapists, speech therapists, etc.)
• Hospital administrators
• Anyone providing medical services

The Central Rights of the Patient

1. The Right to Receive Medical Treatment

The most basic right: every person in Israel is entitled to receive appropriate medical treatment.

What this means:

• One cannot refuse to treat a patient without a legitimate reason
• Treatment must be at an appropriate professional level
• Treatment must be provided within a reasonable time (no unreasonable wait)
• The patient is entitled to treatment according to the health basket

When a physician can refuse to treat:

• When the treatment is not within their area of specialization
• When there is a conflict of interest (for example, a family member)
• In situations of danger to medical staff (violent patient)
• When the patient demands treatment that is not accepted or is dangerous

In emergency situations: There is no right to refuse! A hospital or emergency room must treat a patient in an emergency situation, regardless of anything else.

Example: A patient arrives at the emergency room with chest pain. The hospital cannot refuse to treat them, even if they don't have insurance or money.

2. The Right to Medical Information

This is one of the most important rights. You have the right to know:

• What is your illness or medical problem
• What is the proposed treatment
• What are the possible risks and complications
• What are the alternatives to the proposed treatment
• What is expected to happen if you are not treated
• What is the prognosis (forecast for the future condition)

The physician must explain clearly and comprehensibly!

The law states: Information must be provided "in a language that is close and understandable to the patient."

What this means:

• If you don't speak Hebrew - right to an interpreter
• If you don't understand medical terms - the physician must explain in simple language
• If you have a hearing impairment - right to sign language interpretation
• If you are a child - the explanation must be age-appropriate

Written information: You are entitled to receive written information about:

• Diagnosis
• Treatment plan
• Prescribed medications
• Post-treatment instructions

Exceptions to providing information:

1. "Therapeutic necessity exception" In rare cases, if the physician believes that providing the information could cause serious harm to the patient (for example, a psychotic patient where the information could worsen their condition), the information may not be disclosed. But:

• This must be documented in the medical record
• This must be well justified
• In most cases, the information will be given to family or guardian

2. Patient who doesn't want to know If the patient explicitly requests not to receive information - that is their right. But they must declare this in writing.

Example: A patient is diagnosed with cancer. She is entitled to know:

• What type of cancer
• What stage of the disease
• What are the treatment options (chemotherapy, radiation, surgery)
• What are the risks of each treatment
• What will happen if not treated
• What are the chances of recovery

If the physician only says "you need chemotherapy" without explaining - this is a violation of her rights!

3. The Right to Informed Consent

One of the most central rights: medical treatment cannot be performed without the patient's consent.

Informed consent means:

• The patient understood the treatment, risks, and alternatives
• The patient gives consent of their own free will (without pressure or coercion)
• The consent is given after the patient received all relevant information

When written consent is required:

• Any surgery
• Invasive treatments (for example: catheterization, biopsy)
• General anesthesia
• Experimental treatments
• Participation in medical research

When treatment can be provided without consent:

1. Emergency situations When the patient is in a life-threatening situation and is unable to give consent (unconscious, for example), they may be treated without consent.

2. Mental illness According to law, in certain cases, a psychiatric patient can be hospitalized and treated against their will, but only according to strict procedures.

3. Minors (under 18)

• Usually, parents give consent on behalf of the child
• From age 16 - a minor can give consent themselves for certain treatments
• In any case, the minor must also be explained to in language they understand

Example of rights violation: A patient comes for knee surgery. The physician explains about the surgery but doesn't mention there's a risk of nerve damage that could lead to permanent numbness. The patient signs the consent form. After surgery, they indeed suffer from numbness. The court ruled this is a violation of the right to informed consent - the patient didn't receive all the necessary information.

4. The Right to Refuse Treatment

Just as there is a right to consent - there is also a right to refuse!

A patient with decision-making capacity can refuse any treatment, even if the refusal could endanger their life.

Example: A patient with cancer refuses to receive chemotherapy. This is their right, even if the physicians think chemotherapy is essential. The physicians can try to persuade, but cannot force.

Exception - Jehovah's Witnesses and blood transfusions: In a famous ruling, it was determined that a blood transfusion cannot be forced on an adult Jehovah's Witness who refuses for religious reasons, even at the cost of their life. But:

• If it's a minor (under 18) - the court may order a blood transfusion against the parents' wishes, for the benefit of the minor.

Uninformed refusal: A patient who lacks decision-making capacity (for example, due to dementia, severe mental illness, or confused state) - cannot legally refuse. In such a case, the guardian or court will decide.

5. The Right to Privacy and Medical Confidentiality

Your medical information is private and protected!

The law states:

• It is forbidden to disclose medical information about a patient without their consent
• It is forbidden to access a medical record without a legitimate medical need
• Information must be kept securely

Who is allowed to access your medical information:

With your consent:

• Physicians treating you
• Medical staff involved in treatment
• Tests and consultations required for treatment

Without your consent - only in special cases:

• Court order
• Law requires (for example: reporting communicable diseases, reporting to police in certain cases)
• Suspicion of child or elder abuse

Common violations:

Example 1: Physician tells friend about patient A physician meets with his friend and tells him that a mutual patient was diagnosed with HIV. This is a serious violation of the right to privacy, even if the physician didn't say the patient's name.

Example 2: Nurse peeks at neighbor's medical record A nurse at a hospital logs into the computer and reads her neighbor's medical record out of curiosity. This is a serious violation and could lead to dismissal and criminal charges.

Example 3: Disclosure of information to employer An employer requests medical information about an employee from the physician. The physician is not permitted to disclose information without written consent from the employee.

Privacy in hospital:

• Right to a closed door during examination or treatment
• Right to a privacy screen in the ward
• Right to privacy in conversations about your medical condition

6. The Right to Review Medical Records and Receive a Copy

This is a very important right, especially in cases of medical malpractice!

You have the right:

• To review your medical record
• To receive a copy of the record (including imaging, test results, hospitalization summaries)
• To receive explanations about what's written in the record

How to request a medical record:

Step 1: Submit a written request You need to fill out a request form (usually there is a special form at every hospital).

Step 2: Identification You need to present ID. If requesting someone else's record (family member) - you need a power of attorney or legal authorization.

Step 3: Waiting The hospital must provide the record within 21 days.

Step 4: Payment There is a fee for copying the record (usually about 150-200 ₪).

Exceptions: In rare cases, parts of the record may be withheld if there is concern for harm to the patient (for example, a psychiatric patient where the information could worsen their condition). But this is very rare and requires strong justification.

Example: A patient suspects there was negligence in her childbirth. She submits a request to receive the complete medical record. The hospital must provide her:

• Delivery documentation
• Fetal monitor
• Staff notes
• Test results
• Hospitalization summary
• All relevant documentation

If the hospital refuses - this is a violation of the law, and you can file a complaint with the Public Complaints Commissioner at the Ministry of Health and also petition the court for an order requiring the hospital to provide the entire record.

7. The Right to a Second Opinion

You have the right to request an opinion from another physician!

When to request a second opinion:

• Diagnosis of a serious illness (cancer, heart disease, etc.)
• Recommendation for complex surgery
• When you're not sure about the diagnosis
• When you want to hear about additional treatments

How to request: You simply tell the physician: "I want a second opinion." The physician cannot refuse and should not be offended.

Who pays:

• Within the health fund: Usually covered (but depends on the health basket)
• Private physician: You pay

Example: A patient is diagnosed with a spine problem. The physician recommends immediate surgery. The patient requests a second opinion. The second physician says they can try physiotherapy and medication first. The patient chooses the conservative approach, and it works. Surgery avoided!

8. The Right to Treatment with Dignity

Every patient is entitled to respectful, courteous, and sensitive treatment.

The law states:

• Not to harm the patient's dignity
• Not to humiliate or degrade
• To maintain privacy
• Not to discriminate based on race, religion, gender, nationality, or any other factor

Examples of violations:

Humiliating remarks:

• "Why did you even come? It's nothing!"
• "Calm down, you're exaggerating!"
• Dismissive or mocking treatment

Discrimination:

• Preferring one patient over another due to ethnic background
• Different treatment of patients based on economic status

Lack of privacy:

• Physical examination without a screen or closed door
• Conversation about medical condition in a public place

Example: A patient comes for a gynecological examination. The physician performs the examination without closing the door and without asking her permission. This is a violation of the right to dignity and privacy.

9. The Right to Accompaniment

You have the right to bring a companion to treatments and hospitalizations.

Who can accompany:

• Spouse
• Family member
• Friend
• Any person you choose

When the right applies:

• Doctor's visit
• Tests
• Hospital admission
• Surgeries (until entering the operating room)

Exceptions: The hospital can limit accompaniment in special cases:

• Operating room (but sometimes they allow accompaniment for childbirth)
• Intensive care (ICU) - limited accompaniment hours
• Medical reasons (for example: infection)

Children: Parents have a special right to accompany their child 24/7 during hospitalization.

10. The Right to File a Complaint

If you feel your rights have been violated - you have the right to file a complaint!

Where to file a complaint:

1. Public Complaints Department at the hospital Every hospital must appoint a public complaints officer.

2. Health fund If the problem is at a health fund clinic.

3. Ministry of Health - Public Complaints Commissioner

• Phone: *5400
• Website: www.health.gov.il

4. The professional association to which the physician belongs In cases of unethical behavior or professional negligence.

5. Legal action In serious cases of negligence or rights violations. Contact an experienced attorney in this field.

What to include in the complaint:

• Detailed description of the incident
• Dates and times
• Names of physicians/nurses
• Documentation (if available - letters, photos, etc.)
• What right was violated
• What you are requesting (apology? Compensation? Policy change?)

Special Rights for Specific Groups

Rights of Pregnant Women

Pregnant women have special rights:

During childbirth:

• Right to accompaniment by spouse or another person (except in exceptional situations)
• Right to request a specific delivery method (natural birth, epidural, etc.)
• Right to refuse cesarean section (if there is no medical danger)
• Right to privacy during childbirth

After childbirth:

• Right to hold the baby immediately after birth ("golden hour")
• Right to breastfeed
• Right to stay with the baby in the ward (Rooming-in)

Rights of Minors

Children are a special risk group:

• Parents give consent on behalf of the child (usually)
• From age 16 - a minor can give consent themselves for certain treatments
• The child must also be explained to about the treatment, in age-appropriate language
• The child's right to express their opinion
• Parent's right to accompany the child 24/7 during hospitalization

Rights of the Elderly

The elderly are entitled to:

• Respectful treatment (not paternalistic)
• Involvement in medical decisions
• Informed consent (unless lacking decision-making capacity)
• Process for appointing a guardian if necessary

Rights of People with Disabilities

The law requires accessibility:

• Information in sign language (hearing impaired)
• Information in Braille (blind)
• Physical accessibility (wheelchairs, elevators)
• Reasonable accommodations in treatment

Rights of Speakers of Other Languages

If you don't speak Hebrew:

• Right to an interpreter
• Right to receive medical information in a language you understand
• Right to sign forms in your language

Important: The hospital must provide an interpreter! This is not your responsibility.

Rights in Special Situations

Rights in Clinical Trials

If you are offered to participate in medical research:

• Right to full information about the research, risks, and benefits
• Right to refuse
• Right to withdraw at any stage
• Right to compensation in case of harm
• Right not to pay for experimental treatment

Rights in Experimental Treatments

Treatments not yet approved:

• There must be particularly detailed informed consent
• Must explain that the treatment is experimental
• Must explain approved alternatives

Rights at End of Life

Terminal patients are entitled to:

• Effective pain management
• Decisions about level of care (discontinue life-prolonging treatments)
• To die with dignity
• Family accompaniment

Advance directives: A healthy person can leave instructions regarding treatments in case they cannot decide themselves.

How to Exercise Your Rights

Before Treatment

1. Prepare questions in advance Write a list of questions for the physician:

• What is the diagnosis?
• What treatments exist?
• What are the risks?
• What will happen if not treated?

2. Bring a companion Someone who can ask questions, remember details, and support you.

3. Document everything Write down what the physician said, dates, names.

During Treatment

1. Don't hesitate to ask questions

• "I didn't understand, can you explain again?"
• "What are the risks of this treatment?"
• "Are there alternatives?"

2. Get everything in writing

• Treatment plan
• Prescription
• Post-treatment instructions

3. If something is wrong - speak up!

• "I don't feel well, can you check?"
• "This doesn't seem right to me"

After Treatment

1. Get a summary

• What was done
• What are the results
• What follow-up is required

2. Keep documentation

• Receipts
• Prescriptions
• Test results

3. If there's a problem - contact immediately Don't wait! The sooner you contact, the easier to treat.

What to Do When Your Rights Are Violated

Step 1: Talk to the relevant party

• The physician
• The nurse in charge
• Department manager

Sometimes it's just a mistake or misunderstanding that can be resolved with conversation.

Step 2: File a formal complaint

• Public Complaints Department at the hospital
• Health fund
• Ministry of Health

Step 3: Contact external parties

• Public Complaints Commissioner at the Ministry of Health
• The professional association to which the physician belongs
• Patient rights organizations

Step 4: Consider legal action

If your rights were violated seriously, or if you were harmed - contact an attorney.

Organizations and Entities That Can Help

Public Complaints Commissioner - Ministry of Health

• Phone: *5400
• Website: www.health.gov.il
• Address: 39 Yirmiyahu Street, Jerusalem

Summary - What's Important to Remember

• You are partners in your medical treatment - not just "passive patients"

• You have legally protected rights - you don't need to "ask politely", you're entitled

• Document everything - dates, names, what was said, what was done

• Don't be afraid to ask questions - it's your right and responsibility

• If something is wrong - act immediately - don't wait

• You have the right to file a complaint - and rightfully so!

• You are not alone - there are entities that can help you

The Central Message

The healthcare system exists to serve you. You are not "bothering" when you ask questions, request explanations, or demand your rights. These are basic rights you are entitled to by law, and you are entitled to exercise them.

Knowing your rights is the first step to ensuring appropriate, respectful, and safe medical treatment.

---

This article provides general information only and does not constitute legal advice. For specific questions, contact an attorney or the Public Complaints Commissioner at the Ministry of Health.