Do I have a right to a second opinion or to refuse treatment?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Yes to both, as part of informed consent. No procedure or treatment may be performed on you without your informed consent — you have the right to understand your diagnosis, the proposed treatment, its risks and alternatives, and to say no. A competent adult may refuse treatment (the standard exception is a genuine emergency where you cannot consent and immediate care is needed to save life). Seeking a second opinion flows from the same principle: you can ask another qualified doctor to review your case, and you can request your own medical records (medical abstract, results) to bring with you under the Data Privacy Act (RA 10173 §16). For mental-health care, RA 11036 §5(m) expressly protects the right to give informed consent before treatment and to withdraw that consent. If a facility overrides a lawful refusal or withholds records to block a second opinion, you can complain to the DOH and, for the records, the National Privacy Commission.
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Frequently asked
Can I really refuse a treatment my doctor recommends?
A competent adult generally has the right to refuse treatment after being informed of the risks — informed consent includes the right to say no. The main exception is a genuine emergency where the patient cannot give consent and immediate treatment is needed to prevent death or serious harm. For mental-health services, RA 11036 §5(m) specifically protects the right to give informed consent and to withdraw it.
How do I get a second opinion?
Ask another qualified physician (or a specialist) to review your case, and bring your records with you. Request your medical abstract and test results from the first hospital's records section — your right to access your own data is protected by RA 10173 §16, so a facility should not withhold your records to keep you from consulting elsewhere.
What if the hospital ignores my refusal or blocks my records?
Overriding a competent adult's lawful refusal, or withholding your records without a lawful basis, are things you can complain about. Use DOH 1555 or the Health Facilities Oversight Board for the facility's conduct; raise a wrongful denial of record access with the National Privacy Commission. If a specific doctor acted improperly, that is a matter for the Professional Regulation Commission (PRC).
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