1.2.15 Patient representative (ombudsman) Estimated reading: 3 minutes 615 views Authors Download the VA as PDFDownload Purpose and goal As provided for in many hospital laws, the hospital should appoint a patient advocate (patient representative, ombudsman). Their tasks and competences should be regulated in accordance with the provisions of the Hospital Act. The purpose of the function is to maintain and strengthen trust in the relationship between patients on the one hand and doctors/nursing staff and hospital operators on the other. The patient representative/ombudsman is required to work together in a spirit of trust. Their role is jeopardised if the relationship of trust is disturbed. Area of application The patient representative/ombudsman is not a complaints office - complaints management is an organisational task of the management. The patient representative is an independent personal contact outside the organisation of the hospital who represents the concerns of the individual, but also of patients in general, vis-à-vis the hospital, payers and health administration. One of their tasks is to keep an eye on the "humane organisation" of the hospital as a whole. This may well include questions of patient-oriented, transparent hospital organisation. The patient representative/ombudsman is not a supervisory body. They may not interfere with the responsibilities of the hospital management, the ethics committee or the staff council. He is primarily a mediator, has a counselling function and is obliged to inform the relevant hospital committees within the limits of his duty of confidentiality towards the patient. The patient representative/ombudsman is not a legal advisor. Conflicts with the Legal Counselling Act should be ruled out from the outset. If the patient discussion reveals that legal advice is desired or recommended, the patient should be referred to a lawyer, to the arbitration centre of the medical association(s) or to the ÖRA (Public Legal Information). Description of the The patient representative/ombudsman is granted access to the patient's medical records and to organisational and service plans, provided that he/she has been released from his/her duty of confidentiality. The hospital owner appoints the patient representative/ombudsman for a fixed term. A term of two years is proposed. Reference is made to the statutory regulations in the State Hospital Act. The tasks of the patient representative/ombudsman are to be described as follows, based on the above-mentioned objectives: Counselling of complaining patients and patient representatives with the aim of mediation, if necessary in agreement with the responsible committees of the hospital and/or the responsible body. In the event of a sectoral accumulation of complaints, to investigate the causes and make suggestions for remedying any deficiencies. To make preventive suggestions and proposals for improving patient-doctor-caregiver relationships To take note of the complaint management report to make suggestions for improvement and submit ratings. Documentation The patient representative/ombudsman submits an annual report to the hospital management (without accountability). He keeps records of his conversations. Correspondence is filed and archived in chronological order. Resources 2 - 3 days/month Reimbursement of expenses Responsibilities Hospital operator: Appointment of the patient representative Hospital management: Acceptance of the annual report. Notes and comments The concept proposed here is derived from the Swedish idea of an "ombudsman". Terms such as "patient complaints centres" or "patient advisors" are too one-sided. The term "complaint" encourages complaints. "Independent patient counselling" would be too broad. The designation of the function should emphasise the independence of the mediator. He/she should fulfil his/her office on an honorary basis. Most hospital laws (e.g. KHG-NRW, § 5) do not stipulate an ombudsman, but rather a complaints procedure. Applicable documents Literature, regulations Hospital Act of the State of North Rhine-Westphalia (KHG NRW) of 16 December 1998 (GV. NRW. p. 696), amended by the Act of 9 May 2000 (GV. NRW. p. 403) Kranich, Christoph Patientenbeauftragte: Ombudswomen and ombudsmen as an early warning system, Hamburg Terms Attachments No attachments 1.2 Patient orientation - Previous 1.2.14 Dealing with the estate Next - 1.2 Patient orientation 1.2.16 Possibility of complaint
