Hospital deposit - patient's rights, hospital obligations

In accordance with the law, a patient in a 24-hour medical facility has the right to store valuables in a deposit. The costs of exercising this right are borne by the hospital, unless separate regulations provide otherwise.

A patient who is in hospital and puts items into a deposit should receive a confirmation of receipt of these items. The facility employee issues the original of the deposit card, while its copy should be kept in the deposit book. Valuables are deposited and handed over by a person appointed by the head of the facility. This employee also keeps a deposit ledger.

The hospital is obliged to fulfill the patient's right to keep valuables in a deposit. On the other hand, the patient does not have to exercise this right, nor may he be in any way forced to deposit valuables. It is also unjustified to restrict patients' access to items placed in deposits. The law also does not contain regulations that would make the delivery of items to the patient from a deposit conditional on the submission of a written request or consent of the hospital staff, e.g. the head of the ward.

The position of the Patient's Rights Ombudsman in this case was confirmed by the Provincial Administrative Court in Warsaw in the judgment of January 31, 2017, file ref. no. VII SA/Wa 763/16, quotation: The provision of art. 39 above of the act determines the patient's right to keep valuables in the deposit, not his obligation. The patient does not have to exercise this right, nor may he in any way be forced to deposit valuables. No restrictions may be imposed on the dispensing of items from the deposit to patients .

Legal basis:

Art. 39 of the Act of November 6, 2008 on patient's rights and the Patient's Rights Ombudsman.

Regulation of the Minister of Health of 30 July 2009 on keeping a deposit in a stationary healthcare facility.

Source: Patient Ombudsman