Oncology Patients' Rights - the second medical opinion

Health service users, including oncology patients, have a set of rights which are initially outlined in Law No. 15/2014, of March 21st (a law that consolidates the rights of health users).

Among the list of rights contained therein, the following rights emerge as premises for a second medical opinion and with particular relevance for all citizens (potential users):

• Right to choose health services and providers: as the name implies, the user has a right to choose, which is, however, limited by the measure of available resources.
• Right to the adequacy of the provision of healthcare, which is subdivided into at least three essential aspects: the right to receive, promptly or within a clinically acceptable period of time, on a case-by-case basis, the healthcare they need; the right to receive the most appropriate and technically correct healthcare; and the right to have care provided humanely and with respect for the user.
• Right to information: this translates into the right to be informed by the healthcare provider about their condition, about the existence of possible alternatives for their treatment, and about the probable evolution of their health condition. This right also binds the healthcare provider to transmit the information in an accessible, objective, complete, and understandable manner. To these requirements is always added the obligation to treat the patient humanely.

A second medical opinion is a right enshrined in the Code of Ethics of the Medical Association and also in the Charter of Patient Rights and Duties.

The main objective of this right is to enable the patient to obtain an opinion from another doctor about their health condition, allowing them to make a more informed and reasoned decision about their treatment.

The second medical opinion is, therefore, of particular relevance for the formation of the patient's conviction about their disease and the clinical and treatment paths they may follow.

The involvement and full clarification of the patient are essential prerequisites for the provision of medical services, and the second medical opinion also serves to ensure the patient's active and informed participation in decisions.

In this context, faced with a situation in which it seems pertinent to obtain a second medical opinion, the user may initially start the procedure with the attending physician, family doctor, or general practitioner. In such cases, the physician must provide all relevant elements that can be used by other physicians for analysis.

Furthermore, it should be emphasized that the physician is ethically bound to encourage the patient to seek a second opinion whenever they consider it useful or whenever they realize that this is the patient's wish. Finally, it should be noted that the patient themselves can initiate such a procedure with health units, clinics, or hospitals; with their health insurance (checking the coverage); or, at least in certain cases, with specialist associations.