Stern Zvi, Mersel Elie, Gedalia Nahum
Hadassah Medical Organization, Jerusalem, Israel.
Harefuah. 2009 Jun;148(6):395-9, 411, 410.
Paragraph 25 of the Patient's Rights Law in Israel requires that every medical facility director in Israel appoint an Ombudsman who will be responsible for patients' rights, receive patient complaints and resolve them. The law aims to strengthen the patient's position vis-à-vis service providers. Therefore, it is desirable that the Ombudsman shall function independently without apprehension or bias.
Eleven years after the law was legislated, the authors researched the following: Were individuals responsible for patient rights appointed in all general hospitals? Who are the position holders? What issues do they deal with? What is the weight of their various responsibilities concerning patient rights, as defined by the law, relative to their other tasks? Do they benefit from organizational mechanisms that assure their independence within the service provider's organization? How do they perceive their job--as "Patient Representatives" (as defined by law), or as representatives of their hospitals?
Hence, the authors personally interviewed each of the 26 General Hospital Directors in Israel as well as the Ombudsmen in each of their facilities.
In each of Israel's general hospitals, an Ombudsman responsible for patient rights was appointed. In the majority of cases (82.6%) the Ombudsman was also engaged in an additional managerial or staff position within the organization. As a result, the Ombudsmen are almost entirely dependent on hospital management. The necessary means, by which to fulfill their positions and responsibilities as defined by the law, such as instructing and guiding medical staff regarding the protection of patient rights, have yet to be put at their disposal. The majority of the Ombudsmen view themselves as management representatives. These perceptions do not agree with the spirit of the Patient's Rights Law which is meant to strengthen the patient's position vis-à-vis medical services providers. The authors found a correlation between these views and the fact that Ombudsmen simultaneously hold additional managerial positions and some see themselves as part of their hospitals senior organizational hierarchy. In addition, we found a correlation between their seniority within the organization and their identification with the organization.
It is recommended that the independence of those responsible for patient rights be strengthened by adding specific stipulations to the law on this matter and that the necessary means needed to fulfill their responsibilities as legislated, be put at their disposal. The authors recommend promoting the independent status of Ombudsmen by not imposing upon them responsibilities other than those for patient rights.
以色列《患者权利法》第25条规定,以色列的每位医疗机构负责人都应任命一名负责患者权利的监察员,该监察员将负责受理患者投诉并解决问题。该法律旨在加强患者相对于服务提供者的地位。因此,理想的情况是监察员应独立履行职责,不受任何顾虑或偏见的影响。
在该法律颁布十一年后,作者进行了以下研究:所有综合医院是否都任命了负责患者权利的人员?这些职位的任职者是谁?他们处理哪些问题?根据法律规定,他们在患者权利方面的各项职责相对于其他任务的权重如何?他们是否受益于能确保其在服务提供者组织内独立性的组织机制?他们如何看待自己的工作——是作为“患者代表”(法律定义),还是作为医院的代表?
因此,作者亲自采访了以色列的26位综合医院院长以及他们各自医院的监察员。
以色列的每家综合医院都任命了一名负责患者权利的监察员。在大多数情况下(82.6%),监察员还在医院内担任其他管理或工作人员职位。因此,监察员几乎完全依赖于医院管理层。履行法律规定的职责所需的必要手段,如就保护患者权利对医务人员进行指导,尚未提供给他们。大多数监察员将自己视为管理层代表。这些认知与《患者权利法》旨在加强患者相对于医疗服务提供者地位的精神不符。作者发现这些观点与监察员同时担任其他管理职位以及一些人将自己视为医院高级组织层级一部分的事实之间存在关联。此外,我们还发现他们在医院内的资历与他们对医院的认同之间存在关联。
建议通过在法律中增加关于此事的具体规定来加强负责患者权利人员的独立性,并为他们提供履行法定职责所需的必要手段。作者建议通过不赋予监察员除患者权利职责之外的其他职责来提升监察员的独立地位。