Understanding The Patient Bill of Rights
May 25, 2016 @ 9:13 am
Patients trust medical professionals to provide quality care in all health-related circumstances. Unfortunately, this expectation is violated when mistakes are made, privacy is ignored or negligence results in harm. When this happens, it’s important to know your rights as a patient so that you can defend and advocate for proper compensation.
Basic Patient Rights
The patient bill of rights statement exists at the federal, state and institutional levels, and the goal of each is to ensure the dignity of the patient, confidentiality of medical information and the practice of informed consent. This means that, no matter where you receive medical care, you have a right to:
- Be treated courteously and with respect
- Receive clear, understandable information about your condition and any related treatments
- Ask questions to clarify anything you don’t understand
- Participate actively in the decision-making process
- Have full access to your medical records, including all test results
- Complete privacy regarding your health information
- Choose whether or not to send your medical records to another facility or care provider
- Be notified if your care is transferred to another doctor
- Receive emergency care whether or not you can afford to pay for it
- Appoint someone to advocate for you
- Decide who can and can’t visit you
- Get the best quality care possible in a clean and safe environment
You may also choose to decline medical treatment, in which case no health care provider can force you to receive care. This includes being seen by a doctor, taking medication and undergoing procedures.
Identifying Violations
If you feel that a medical professional at a hospital, clinic or doctor’s office has violated any of your basic rights as a patient, you’re entitled to file a formal complaint. Simple disagreements or misunderstandings may be resolved simply by talking to the person involved. However, if this doesn’t work, the situation should be escalated to a supervisor. It helps to have someone else who is in full health available to speak on your behalf, such as a trusted family member or friend.
There may be times when the situation can’t be cleared up easily. The next step is to speak with the hospital’s ombudsman or patient advocate. He or she will help you determine whether or not a violation has occurred. For the incident to count as a true violation from a legal standpoint, you must be able to show that the action you’re objecting to resulted in tangible repercussions.
Taking Legal Action
Medical violations that cause pain, disability, long-term health problems, loss of income or other distress may entitle you to file a personal injury suit. Contact an attorney as soon as you can, and make sure that you have copies of all your medical records to back up your claims. You should also let your insurance company know that you’re planning to take legal action. In some instances, you may be able to reach an agreement without filing a case, but you should never rush to accept a settlement if a suit would be more appropriate.
Whether or not you file a personal injury suit, having a lawyer on your side gives you a powerful advocate when you believe your rights as a patient have been violated. A personal injury lawyer has the knowledge and experience to navigate the often confusing maze of health care laws and can tell you if your case will stand up in court. By working with an attorney, you get the peace of mind that you need in order to focus on recovery and regain your health.
