What Acts Protect Patients Rights

In 1998, the Advisory Commission on Consumer Protection and Quality in the Health Care Industry developed a series of patient bill of rights. These are a set of guidelines seeking to achieve goals of inspiring patients to recover and maintain a healthy lifestyle, further enhance a patient's confidence in the health care he receives, and offer patients a means of complaint in the event they are unhappy with said care. Most importantly, it allows a patient to take an active part in the decision-making by giving him a right to refuse treatment as well as receive the highest quality of care.

Patients are also protected by other patient bill of rights. In some instances, a patient who receives substandard medical care may have grounds to sue caregivers in a court of law.

Eight Key Points

• There are eight key areas addressed by the 1998 patient bill of rights. A copy of these rights must be posted on the floor of every health care institution. Although these rights have been adopted by health care facilities and insurance providers, they are not laws. You must take steps to ensure your rights are protected. The eight key areas addressed in the patient bill of rights relate to freedom to choose providers and plans with respect to insurance, guaranteed access to emergency services, active participation regarding treatment decisions, medical confidentiality, protection from discrimination, and the information needed to file complaints, or request appeals.

Other Rights of Patients.

• The patient bill of rights focuses on hospital care and insurance plans, but there are other patient bill of rights focusing on specific areas of health care. For example, there is a mental health patient bill of rights and a hospice bill of rights. Some insurance companies list rights to which insurance subscribers are entitled. Ask your insurance provider for its list of subscriber rights, which will include where to register a complaint.

American Hospital Association

• The American Hospital Association adopted a patient bill of rights in 1973. The current version of that bill of rights focuses on the quality of care, including provisions requiring medical care professionals to treat patients with respect. Hospitals may be liable in a civil suit if a patient is ridiculed or criticized for his condition. Patient questions about their medical condition and treatment options must be answered to the patient's satisfaction. You have the right to know the names and credentials of every individual involved in your care. If hospitalized, you should be able to distinguish among a doctor, an intern or a student. Every aspect of your care is to be recorded, charted and available for you to view.

Decisions

• Under a patient bill of rights, you have the right to refuse such a course of treatment, although an exception is made in the case of an emergency rendering a patient unable to comprehend what is happening. All treatments are to be clearly explained to a patient and must be a decision mutually agreed upon between the health care team and the patient. If surgery is recommended and you choose not to go through with the surgery, health care officials are legally obligated to accept your decision. They must receive your written permission before going giving such a treatment. The only exception to this involves patients brought into an emergency room in which medical personnel are faced with life and death decisions that cannot wait for consultation with the patient. In this case, they have a right to act in the best interests of life.

Documents You Should Have

• Many states have laws that require health care institutions to advise patients on such matters as advanced directives, living wills and health care proxies. An advance directive is a form you fill out relating to matters concerning end of life care, addressing such things as what you do and don't want done. Living wills are a form of advanced directives and name a health care proxy in the event that you are unable to make any decisions. These forms are available online and offer an opportunity to address matters that may not cross your mind. If you are terminally ill and choose not to be placed on life support and have so stated in an advanced directive as mentioned in a patient bill of rights, a doctor cannot overrule your decision and could face legal action if he ignores your directive.

Additional Rights

• Other rights that you have concern medications and treatments under development. You have the right to refuse anything deemed experimental in the way of treatment. You have the right to request and receive all medical records relating to your stay as well as the strict confidentiality of such records. You should be informed about the treatments that an institution offers and the numbers and addresses of agencies with which you may register complaints.