The Rights and Responsibilities of Patients

Being a proactive patient means understanding your medical history, keeping detailed records, and advocating for your healthcare needs. Understanding your rights as a patient helps you make informed decisions and stay actively involved in your care. 

This overview explains the protections you’re entitled to, the responsibilities you hold, and practical tips for advocating for yourself throughout treatment and care. If you believe a provider or facility has violated those rights, a healthcare lawyer near you can review what happened, explain your options, and help you pursue a legal remedy.

What Is the Patient Bill of Rights?

In 2010, President Obama enacted the Affordable Care Act. This law protects patients and healthcare providers by outlining their rights and responsibilities regarding medical treatment.

According to the U.S. Department of State’s Bureau of Medical Services’ Patient Bill of Rights, individuals have the following rights when it comes to patient care:

• Patients are entitled to respectful care. Healthcare professionals must treat all patients and their caregivers with dignity and respect.
• Patients have the right to fully understand their diagnosis and treatment options. This helps them participate in the decision-making process.
• Patients should trust that their communications with their doctors or healthcare service personnel will remain private and confidential. HIPAA laws also protect this right.
• Patients have the right to their medical records. They also have the right to amend these records when needed.
• Patients can question their doctors about medical decisions and treatment plans. Doctors are required to provide full disclosure.
• All patients have the right to be free from discrimination. This includes sex, gender, race, age, religion, ethnicity, national origin, sexual orientation, disease, disability, or language.
• Patients are entitled to timely access to medical care. Every effort should be made to provide quick service.
• Patients have the right to refuse treatment, medical testing, and other medical interventions. Consent must be given for all treatments by the patient or a person with authority to make medical decisions for them.
• Patients can question their primary medical caregiver about their professional qualifications. All answers given must be truthful.
• Patients are entitled to continuity of care. This includes when leaving one healthcare facility for another.

The above rights apply to patients and people holding power of attorney over a patient. All medical facilities, nursing homes, assisted living facilities, and hospitals must respect these rights.  Most hospitals and other medical facilities have patient advocates to ensure compliance.

If you believe your healthcare facility or other medical care provider has violated these rights, you may have a claim for damages. A personal injury attorney can review your situation, explain your options, and recommend next steps to protect your rights.

Patient Responsibilities to Healthcare Providers

While the Patient Bill of Rights protects individual patients, it also protects healthcare professionals. Patients have duties toward their healthcare providers and the companies they work for.

These responsibilities include the following:

• Patients must treat healthcare professionals with respect.
• Patients must provide their doctors and other medical professionals with complete information regarding their symptoms, medical history, and medications.
• Patients must be honest and forthcoming regarding their ailments and health.
• Patients must cooperate with their treatment plan.
• Patients must try to coordinate their care, including prescription medications, with the various doctors and healthcare providers treating them. Giving your primary care physician permission to share your medical information with other practitioners makes this easier.
• Patients must respect others’ privacy and follow facility policies, and HIPAA (Health Insurance Portability and Accountability Act) obligations apply to providers and insurers.

Be Proactive With Your Medical Care

To optimize your health, you must take control of your medical care. No one is more familiar with your health information than you, and you have the final say regarding your health plan.

To ensure that your healthcare providers offer you the best care, employ the following tips:

Make Sure Your Doctor Treats You With Respect

Most doctors and healthcare professionals care about their patients and know that a good bedside manner is important. If your physician dismisses your concerns out of hand, consider finding a different healthcare provider.

If It’s Not a Good Fit, Find Another Doctor

If you’re uncomfortable with your current physician, find a new one. There is no reason to stay with a doctor who makes you feel like you’re an inconvenience. Even if you like your primary care physician, get a second opinion if you don’t agree with their treatment plan.

Take an Active Interest in Your Care and Treatment

When it comes to your health, there is no such thing as a “stupid” question. You have the right to ask your doctor anything. This is the only way you can truly give informed consent for treatment.

Resist using AI to seek out a diagnosis for your symptoms before you meet with your doctor. However, AI can help you prepare questions to ask and keep track of symptoms or concerns you want to discuss

Keep Careful Records of Your Medical Health

Keep records of your medical issues. Some people keep a diary to document their symptoms, aches, and pains. This makes it easier to explain issues to a doctor.

Jotting down questions for your physician is also a good idea. This lets you use your limited time together wisely. Having a list of concerns or specific questions can help maximize your visit.

Prepare for Your Medical Appointments

If you’ve seen other physicians or specialists, let your primary physician know at your next appointment. Don’t assume they know what treatments other doctors are providing. Bring copies of any test results.

Bring a notebook or be prepared to take notes electronically when you visit your physician. Many patients have difficulty remembering everything said about their medical care. It also helps to bring a loved one along to take notes for you.

Disclaimer: State and federal laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, it’s best to consult an experienced healthcare attorney for additional information regarding the current laws in your state.

Need Help With a Patient Rights Violation? Contact a Healthcare Attorney

Your health can depend on controlling your situation and making wise choices. The law requires that medical professionals provide quality care and treat patients with respect. If you need legal help with a healthcare-related matter, contact an experienced healthcare lawyer for next steps.

FindLaw’s directory of healthcare attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state’s laws are relevant, your attorney should be licensed in your state. Your search results will also show important details about prospective attorneys, like ratings and whether they offer free case evaluations.