It may seem that doctors, in positions of authority and expertise, have control over all aspects of your time spent in hospital, but the reality is different. Patients have a wide range of rights both during and after their stay, and knowing these rights – and even keeping clear in your head that you, the patient, are the ultimate decision maker – can help alleviate worry and clarify complex situations.
All patients have the right to a copy of their medical records, to a second opinion, to explanations of treatments and possible outcomes, and to refuse any treatment they do not want. A part of this is also the right to refuse consent, to refuse to participate in training, research or experimental programs, and the right to leave the hospital after making an informed decision. You should be aware, though, that electing to follow a certain path against the advice of doctors can lead to complications, and hospitals often reserve the right to refuse treatment in non-emergency situations if they sense conflict or difficulty down the line. There’s always a balance to be had between patients’ legal right to decide their own future and doctors’ medical knowledge. Many hospitals have a Patients’ Bill of Rights that you can ask to see, which sets out communication standards and the hospital’s commitment to clarity and openness. Patients have a reasonable right to expect medical staff to explain to them, in language they can understand, their condition and the full range of options available.
Confidentiality is also a well defended right of patients – both while they’re being treated and after the fact – and the disclosure of medical records without permission is considered a crime without specific extenuating circumstances. If you have specific information you want to make sure isn’t shared with others, speak to your doctors and find out what the hospital’s obligations are, and what you can elect to withhold.
Once you’ve left the hospital, you’re still protected under medical malpractice and negligence laws. These can cover misdiagnoses – if a doctor fails to diagnose a medical issue which they could reasonably be considered to have found – as well as harm or injury caused by such things as unnecessary procedures, badly performed procedures, or hospital error. In cases where a patient has been discharged only to require further medical attention due to alleged malpractice, attorneys can seek compensation for pain and suffering, any loss of earnings, any future problems, and medical bills. In cases like these it must be proved that the fault lies with the hospital or physician.
Patients should always remember that they can question their doctors about any medical issue and seek further opinion. While times spent in hospital can be especially emotional or traumatic, especially if a child is involved and parents must make decisions on their behalf, remembering that the right to determine your own treatment does, in the end, rest with you can help to make the doctor-patient relationship more of a cooperation.
Author Bio: Jeffrey L. Phillips graduated in 1990 from Arizona State University with a Juris Doctorate in Law, having previously earned a degree in Business Administration. He handles personal injury cases involving vehicle accidents, defective products and dangerous drugs, among others. He has received multiple awards for his volunteer legal work – including, most recently, the Volunteer Lawyer Program Bankruptcy Service award along with his firm, The Philips Law Group .
Originally published on LawyerCentral by Jeffrey Phillips on June 26, 2013 Read the original (Internet Archive).