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February 8, 2012
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Patient Rights

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Patient Rights

What can I do if I disagree with my HMO? What does the doctor have to tell me about my upcoming operation? Can I withhold medical treatment for my child? Does my teenager have to get permission for an abortion? Users of health care in America are asking these and many other questions concerning health care in America, and many groups are trying to define patients' rights.

In the rapidly changing atmosphere of health care, many factors have affected how health care is practiced. The rights of the patient have also been affected. Patient rights have recently become the center of national attention in the practice of medicine. The push for legislation of a patients' bill of rights is to provide laws that would prevent health maintenance organizations (HMOs) and other managed health plans from refusing to pay for appropriate care.

But what exactly does patient rights mean? Often, people do not realize their specific rights at the time of their care because those rights are often not clearly defined.

  • A patient's rights occur at many different levels, and in all specialties. The American Medical Association (AMA) outlines fundamental elements of the doctor-patient relationship in their Code of Medical Ethics. These rights include the following:

    • The right to receive information from physicians and to discuss the benefits, risks, and costs of appropriate treatment alternatives
    • The right to make decisions regarding the health care that is recommended by the physician
    • The right to courtesy, respect, dignity, responsiveness, and timely attention to health needs
    • The right to confidentiality
    • The right to continuity of health care
    • The basic right to have adequate health care

  • Patients often have certain responsibilities for ensuring their rights. According to the AMA, physicians should also serve as advocates for patients and promote these basic rights. Every time a patient visits a doctor, both parties are seeking answers to these questions:

    • Diagnosis: What is wrong with the patient?
    • Prognosis: What does the diagnosis mean for the patient?
    • Caring and management component: What can be done for the patient?
    • Research dimension: What can the doctor learn from this patient?
    • Public health dimension: How can others benefit from the treatment process of this patient?
    • Educational opportunities: What can the patient and the professionals learn from this experience and teach others?

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Patient Rights

What Is Informed Consent?

Doctors will give you information about a particular treatment or test in order for you to decide whether or not you wish to undergo such treatment or test. This process of understanding the risks and benefits of treatment is known as informed consent. It is based on the moral and legal premise of patient autonomy: You as the patient have the right to make decisions about your own health and medical conditions.

  • You must give your voluntary, informed consent for treatment and for most medical tests and procedures. The legal term for failing to obtain informed consent before performing a test or procedure on a patient is called battery (a form of assault).

    • For many types of interactions (for example, a physical exam with your doctor), implied consent is assumed.

    • For more invasive tests or for those tests or treatments with significant risks or alternatives, you will...

Read the Informed Consent article »


Read What Your Physician is Reading on Medscape

Ethical and Legal Considerations in Pediatric Surgery »

The pediatric surgeon works at the juncture between surgery and pediatrics and, consequently, must deal with the surgical, medical, and ethical issues that concern both areas.

Read More on Medscape Reference »

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