Throughout a lifetime, any given citizen will have dozens, or even hundreds, of interactions with healthcare providers like the NHS. Some of these interactions may involve very serious decisions. Making the right decision can often involve communicating your needs and wishes to the people caring for you.
In an ideal world, we’d each have a legal professional advocating for us at every stage of our journey through the healthcare system. This person would have a strong idea of our interests, and the rights we enjoy under UK law. But since this isn’t practical, patients might instead speak up for themselves. This is what so-called ‘self advocacy’ entails.
Defining Self-Advocacy in Healthcare
Simply put, self-advocacy is the act of communicating your wishes and preferences to the people providing care to you. As a patient, you enjoy certain rights – such as the right to informed consent. Being aware of these rights, and being able to request alternative treatment when you feel that the situation warrants it, can make a big positive difference to the outcome of your healthcare.
Legal Framework Supporting Patient Advocacy
There are two relevant pieces of legislation to consider. These are the Mental Capacity Act 2005, and the Care Act 2014. The former allows you to appoint a trusted person (called a deputy) to make medical decisions on your behalf, and to convey those wishes via a legally-binding document. It also requires that all decisions made on your behalf be in your best interests. Specifically, section 4 of the act demands that your appointed deputy consider your wishes and feelings, and whether you may regain the mental capacity to make your own decisions.
Healthcare providers are legally bound to respect the autonomy of their patients. Where providers fail in this duty, patients may respond through medical negligence action in the courts. No-win, no-fee medical negligence claims allow patients to seek a legal remedy easily – and, in most cases, it’s not necessary to attend court in person. In fact, most cases are settled out of court.
Challenges Faced by Patients in Asserting Their Rights
In some cases, patients might fail to adequately convey their wishes. This might be because they don’t understand their rights under the law, or because there’s a language barrier to overcome. In some cases, there are inherent biases in the system that disadvantage certain groups. A recent report revealed that, over a five-year period leading up to 2023, more than eighty babies had either died or suffered a serious brain injury as a result of a lack of available translators.
Strategies to Enhance Self-Advocacy Skills
There are a number of ways via which patients can advocate for themselves more effectively. There are support services and advocacy groups that will make it easier. It’s also worth forming at least a rudimentary understanding of your options, and your rights under the law, before undertaking a medical procedure. Legal professionals can help to equip everyone else with the skills and knowledge they need to self-advocate.