What Are Your Rights as a Patient?

When you are admitted to a hospital or move into a nursing home, do you know what your patient rights are?

As a patient, a resident of a nursing home or extended care facility, you have numerous rights regarding your medical care. Some of these patient rights come from federal laws and regulations that oversee various areas of the health care system. To provide additional rights, some states, including Michigan, have enacted their own laws to augment the federal government protections.

This law, MCL 333.20201, is known as the Michigan Patient Bill of Rights. This statute provides certain rights for patients, whether inpatient or outpatient, as well as for residents of health care facilities, such as nursing homes and extended care facilities.

Michigan Patient Bill of Rights

Here are some of the highlights of the Michigan Patient Bill of Rights:

Patients have the right to:

• Receive appropriate care regardless of race, religion, color, national origin, sex, age, disability, marital status, sexual preference or source of payment.

• Inspect or receive for a reasonable fee, a copy of their medical records upon request.

• Confidential treatment of personal and medical records unless prior authorization is given to a third party by the patient or their representative.

• Privacy, to the fullest possible extent, in treatment and in caring for personal needs with consideration, respect and dignity.

• Receive adequate and appropriate care.

• Receive information about their medical condition, proposed course of treatment and prospects for recovery in understandable terms, unless doing so goes against medical advice.

• Refuse treatment to the extent provided by law and to be informed of the consequences of that refusal.

• Present grievances or recommend changes in policies and services without compromising their care.

• Receive information about the health facility’s policies and procedures regarding patient or resident complaints.

• Receive information concerning any proposed experimental procedures, and refuse to participate in such experimental procedures without jeopardizing their continuing care.

• Obtain and review an explanation of their bill regardless of the source of payment, and if requested, to receive information relating to financial assistance available through the health facility or agency.

• Know who is responsible for and who is providing their direct care, to receive information about their continuing health needs and to be involved in discharge planning when appropriate.

• Associate and have private communications with their physician, attorney or any other person they choose.

• Send personal mail and receive mail, unopened, on the same day it arrives at the facility or agency, unless medically contraindicated.

• Fully exercise their civil and religious liberties, including the right to independent personal decisions and the right to knowledge of available choices.

• Participate in the activities of social, religious and community groups at their discretion, unless medically contradicted.

• Be free from mental and physical abuse and from physical and chemical restraints, except when a physician authorizes restraints in emergency situations for the protection of the resident or others.

• Be informed about the facility or agency rules and regulations affecting patient or resident care and conduct.

• Receive adequate and appropriate pain and symptom management.

“Despite the state and federal statutes that provide for patient rights, these rights are often violated, sometimes inadvertently and sometimes deliberately,” said Mark Bernstein of The Sam Bernstein Law Firm. “If you or a loved one has suffered abuse or injury at the hands of a doctor, nurse or any staff member at a hospital or nursing home, call us immediately. We will help you obtain the compensation you and your family deserve.”

Medical malpractice law is complicated, but finding the right malpractice lawyer is simple.

Call 1-800-CALL-SAM today for a free no-obligation consultation.

Sources:

• http://www.legislature.mi.gov/(S(f4dmys5lwig1jkgleailn3et))/mileg.aspx?page=GetObject&objectname=mcl-333-20201