Legal Compass

Law on Patients’ Rights

LawSerbiaHealth care / patients’ rights

Governs patients’ rights when using health care, including information, consent, confidentiality and medical records. It also provides protection mechanisms, with special rules concerning children, representation and emergencies.

This material is for information.

Avangarda does not provide legal representation. These materials are here to inform and to make rights easier to understand. For a concrete legal procedure, contact a lawyer, legal aid service or the relevant institution.

Health care / patients’ rights

Serbia’s Law on Patients’ Rights addresses the position of a person using health care. It governs access and quality, information, consent to medical measures, confidentiality and access to medical records. It helps explain the relationship with a provider through particular rights and responsibilities, beyond the institution’s organisation or the payment arrangements for a service.

A patient can seek an understandable explanation of their condition and proposed treatment, examine access to records and privacy protection, and respond to an apparent violation. Consent should not be understood as a signature without preceding information. However, the same rules do not necessarily apply to an adult capable of deciding, a child and a person represented by a legal representative. Emergencies and decision-making capacity require careful checking of the applicable special provisions. A representative’s involvement does not remove the need to identify the patient’s own legally protected position.

For practical protection, record the date, institution, specific action and response received. Keep relevant documents and identify whether you seek information, a record copy, protection of confidentiality or examination of a refused service. The local patients’ rights adviser provides a statutory protection route. Health inspection has different responsibilities, while court protection depends on the alleged violation. Contacting one body does not automatically replace every other procedure or protect every deadline.

The law does not entitle every patient to every service without restrictions or cost. Coverage and insurance conditions also depend on the Law on Health Insurance, while providers’ operations are regulated by the Law on Health Care. The current series is Official Gazette of the Republic of Serbia 45/2013 and 25/2019, amendment through another law, confirmed by the official Legal Information System and institutional recommendations from 2026. Check the service’s special rules and the position of whoever gives consent or submits a complaint.

This is Avangarda’s editorial information overview, rather than the statutory text or advice for an individual case. This translation is editorial and is not an official translation of Serbian legislation. Check the current official text, special legislation and your documents for a specific situation, and obtain qualified legal assistance where needed.

What is this for?

Helps identify the patient right involved and the appropriate way to seek protection.

Who can use it?

Patients, legal representatives and other authorised persons, health professionals, institutions, private practices and patients’ rights advisers.

When should it be used?

When seeking treatment information, medical records, privacy protection or help concerning an alleged denial of a patient right.