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 "What
rights do I have if I am in
the hospital?"
Being
hospitalized can be a
very intimidating experience. Patients find themselves
thrown into a foreign environment and often feel
that they have very little or no control over what
is happening to them.
Dealing with an illness is stressful for patients
as well as family members. This stress is magnified
by the busy and seemingly impersonal environment
of the hospital. In this situation, patients often
feel intimidated about voicing their concerns related
to their care.
Patients have many rights and protections guaranteed
under State and Federal law. Don’t feel that you
must “do as you are told”. The following are some
of the rights that every patient should be aware
of:
All patients have an absolute right to an understandable
explanation of their complete medical condition,
recommended treatment, expected results, risks and
reasonable medical alternatives. Should the treating
physician conclude that this information would be
detrimental to the patient's condition at the time,
a family member/next of kin must be provided with
the necessary information.
No patient’s question is a silly question. It is
the doctor's obligation to help you fully understand
all pertinent information and to make your own informed
decisions based on this knowledge. You have the
right to insist on clear explanations of all treatment,
including any tests, procedures and medications.
Patients have the right to play an active role in
developing their plan of care. You should not hesitate
to ask any and all healthcare providers what they
are doing and/or giving and why.
If
you find any healthcare discussion difficult to
understand, do not be embarrassed to say so and
ask to have it explained in a simpler way. It’s
your body and you have a right to fully understand
what is going on.
You
have the right to be treated with respect and to
have your privacy protected. The hospital staff
must be sensitive to any cultural, racial, linguistic,
religious, age or gender differences and must address
any specific needs you may have.
You have the right to have
your information treated confidentially. Information
in your medical record may not be released
without your approval, unless required by
law. You have the right to inspect your medical
record within ten days of your request to
do so.
Never hesitate
to ask
what they are
doing — and why
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If
you are hearing or vision impaired, or if
English is not your first language, an appropriate
interpreter must be made available to help
you understand all aspects of your hospitalization,
treatment, forms and to ensure that your questions
are answered in a satisfactory manner. By
contacting a patient representative at the
hospital before admission, when possible,
the hospital will make arrangements to meet
your special needs. If there is a language
barrier, you can request a family member as
an interpreter to remain in the room or on
premises, even beyond visiting hours, since
care is provided around the clock in hospitals.
You
have the right to information and help from
your doctors, hospital, nurses and other healthcare
professionals regarding your discharge plan.
If you require help after being discharged,
you must be given assistance in planning for
any necessary services and must have those
plans in place before you leave. Your discharge
planner is responsible to help you meet these
needs so that you will return to a safe environment.
If you disagree with your
discharge plan or feel you are being asked
to leave too soon, you have the right to be
informed of any appeal process to which you
are entitled to fight this decision. You also
have the right to be informed of all available
resources to resolve disputes or grievances
during your hospitalization on any issue.
If you have any concern
or problem while you are in the hospital you
should discuss the issue with your treating
doctors, nurses and with your unit’s Head
Nurse. It is their job to see that your needs
and rights are being met. If you are not satisfied,
you should contact the hospital's office of
consumer affairs.
If you can’t resolve the issue, contact the
N.Y. State Department of Health office in
your area. The Bonina & Bonina, P.C. Web
Site, located at www.medlaw1.com, has a link
to the Department of Health Web Site where
all of the contact information is listed.
Should you or a loved one be hospitalized
in the future, we hope that this information
will enhance your ability to protect your
rights and minimize the likelihood of a negative
outcome while in the hospital.
_______________________
Louise Curran is a licensed
Registered Nurse and a licensed Attorney in
New York State. She is an expert on medical
/legal issues and is currently the Coordinator
of Pace University's Legal Nurse Consulting
Program. Ms. Curran teaches at Pace on Complex
Medical Litigation and also lectures to a
variety of audiences on multiple medical/legal
issues.
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