Q&A: the new NHS constitution

A surgeon makes his way home after working in theatre at the Queen Elizabeth hospital in Birmingham on June 14 2006. Photograph: Christopher Furlong/Getty Images
Queen Elizabeth hospital in Birmingham. Photograph: Christopher Furlong/Getty Images

The NHS constitution sets out what patients have a right to expect from the NHS. It also explains how patients can make complaints, and lists what their own responsibilities are.

What are their rights?

Generally, they have rights to dignity, privacy, confidentiality and the opportunity to get a second opinion from another doctor.

What about rights to treatment?

There are two rights to nationally approved treatments. Patients have the right to drugs and treatments that have been recommended by the National Institute for Health and Clinical Excellence (Nice). They also have the right to expect that local decisions on funding of drugs or other treatments not approved by Nice are made rationally and are based on clinical evidence rather than purely financial concerns.

The constitution also claims to enshrine a patient's right to choose where they want to be treated. But this will simply raise awareness of patients' treatment preferences with doctors rather than guaranteeing which hospital or surgeon an individual will see.

What about patients' responsibilities?

Patients will be expected to keep GP and hospital appointments and take steps to improve their health. But they will not be denied treatment if they do not meet these responsibilities.

What about making complaints?

The constitution sets out where in the NHS a patient should make their complaint if they are unhappy with their treatment. For example, if a GP failed to comply with the terms of their contract, you could complain to the local primary care trust, which runs local NHS services.

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