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Patient rights in Montenegro 2026: the patient rights advocate, a complaint answered within three days, access to your records, a second opinion and the right to refuse treatment

Which rights a patient has under the Law on Patient Rights: choosing and changing doctors, information before a procedure, consent and refusal of treatment, access to and copies of medical records, a second opinion, privacy, a complaint to the patient rights advocate and a reply within three days.

RK

Rohat Kahraman— Attorney, RoNa Legal

September 28, 2026 · Reviewed for legal accuracy

RoNa Legal →

The Law on Patient Rights (Official Gazette 40/2010 and 40/2011) applies to everyone who asks for or receives a health service at a health institution, foreigners included. A patient has the right to choose and change their doctor, to receive clear information before any medical procedure, to consent to or refuse treatment, and to ask for access to and copies of their medical records and a second opinion. When unhappy with a service or denied a right, the patient files a complaint with the patient rights advocate at the institution, orally or in writing, and the advocate establishes the facts and informs them within three days at the latest. If still not satisfied with the findings, the patient turns to the health inspectorate. An institution that does not allow access to records or does not organise an advocate faces a fine of 1,500 to 20,000 euros.

This guide explains which rights you have as a patient, how to request your records and a second opinion, how to file a complaint and what to do next if you are not satisfied with the reply.

Which rights do you have as a patient?

  • You have the right to choose a doctor or dentist at an institution where you live, and at a hospital your chosen doctor refers you to, also a specialist, depending on the institution's staffing.
  • During treatment you can ask in writing to change your doctor.
  • You have the right to know the name and professional title of the health worker treating you, and health workers wear an ID card with these details.
  • You have the right to timely health care, and for planned procedures the institution tells you on request your place on the waiting list and any changes.
  • You have the right to privacy: only the health workers carrying out an examination are present, unless you agree to others being there.
  • You decide who may be told about your illness and admission to the institution, and who may not.

What must you be told before a procedure?

  • Before a medical procedure the health worker informs you of the diagnosis and prognosis, the purpose and duration of the procedure, the risks and possible consequences, alternative treatments and the effects of medicines.
  • You are informed orally and clearly, taking into account your age, education and emotional state.
  • If you do not know the official language or are deaf-mute, the institution provides an interpreter.
  • You give consent orally or in writing and can withdraw it until the procedure starts.
  • You can refuse a proposed procedure even when it would save your life, if you are conscious and able to judge. The doctor then warns you of the consequences and asks for a written statement.
  • For a minor, consent is given by the legal representative, and the child's view is taken into account according to their age and understanding.
  • In an emergency, when you are unconscious and your life is in danger, a procedure can be carried out without consent.

How do you get your records and a second opinion?

  • The institution must allow you on request to see your medical records and make copies.
  • You ask for a copy in writing, and you pay for the copying yourself.
  • For a minor or a person without legal capacity, the legal representative or guardian asks for access.
  • You have the right to a second professional opinion on your health. On an oral or written request it is given by a health worker of the relevant speciality who was not involved in your treatment.
  • The institution displays a list of its units and doctors in a visible place, so you know whom to approach.

How do you file a complaint?

StepWhat you doDeadline
1you complain to the institution's director or the patient rights advocate, orally or in writingno deadline in the law
2the advocate establishes the circumstances and facts and informs you of the findingsat once, three days at the latest
3if you are not satisfied with the findings, you turn to the health inspectorateunder the law on inspections
  • You can complain when you have been denied the right to health care or another right under the law, or when you are unhappy with a service or a staff member's conduct.
  • For a minor or a person without legal capacity, the legal representative or guardian files the complaint.
  • The Podgorica health centre states that the complaint is filed by the patient or a close family member, that anonymous complaints are not recorded and that you should specify the type, time, place and person concerned.
  • If your health worsened because of unprofessional and careless treatment, you are entitled to compensation under the law, by agreement or in court.

What fines does an institution face?

  • An institution that does not allow access to and copies of records, does not provide an interpreter, does not organise the work of the patient rights advocate or does not keep a record of complaints faces 1,500 to 20,000 euros, and the responsible person 500 to 2,000 euros.
  • A health worker or responsible person who does not give a second opinion or does not reply to a complaint within three days faces 250 to 2,000 euros.

Choosing and changing your doctor is covered in our guide to your chosen doctor and eZdravlje, and prescription medicines in our guide to the drug list. Complaints about state bodies are covered in our guide to the Ombudsman, and legal help for a lawsuit in our guide to free legal aid.

Frequently asked questions

Who do I complain to about a doctor? To the director of the health institution or the patient rights advocate at that institution, orally or in writing.

How quickly does the patient rights advocate reply? At once, and within three days of the complaint at the latest.

What if I am not satisfied with the reply to my complaint? You can turn to the health inspectorate.

Do I have the right to a copy of my medical file? Yes, on a written request the institution lets you see and copy your medical records, and you pay for the copying.

Can I ask for a second opinion? Yes, a second professional opinion is given by a doctor of the relevant speciality who was not involved in your treatment.

May I refuse an operation? Yes, if you are conscious and able to judge, even when the procedure would save your life, with a written statement that you understand the consequences.

Sources

Patient rights, information and consent, access to records, second opinions, complaints, the patient rights advocate and fines are set by the Law on Patient Rights (Official Gazette 40/2010 and 40/2011, Articles 1 to 40), and practical rules for complaints are published on the patient rights advocate page of the Podgorica health centre. The information was checked on 28 September 2026. Fijaka is a classifieds platform; this text is not medical or legal advice.

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