Patient Rights and Medical Malpractice: What You Need to Know

Medical malpractice is more common than most people realize. Because even the very healthiest among us must receive healthcare, it is important for everyone to understand the importance of patient rights in the context of medical malpractice. This blog is designed to provide information about precisely what medical malpractice is, what your rights are as a patient, and how the two factors are interconnected.

All patients receiving healthcare in the U.S. have guaranteed legal rights. If you feel that your rights as a patient have been violated and you have suffered serious harm, now is the time to contact an experienced New Jersey medical malpractice attorney. You will find out during an initial consultation (typically at no cost) whether you have a viable malpractice claim. If so, your lawyer will fight to recover meaningful compensation for your physical and emotional injuries and your financial losses.

Patient Rights Healthcare Providers Are Required To Protect

1. The Right to Information

One of the cornerstone rights highlighted in the Patient's Bill of Rights is the right to receive clear, understandable information about your medical condition and treatment options. This includes information about the nature of your illness, the proposed treatments, potential risks, and alternative options.

Failure to provide such information can result in your being misinformed about treatment alternatives. If this failure leads to harm, it may become the basis of a malpractice claim.

2. The Right to Consent or Refuse Treatment

You have the right to make decisions about your healthcare, including the freedom to consent to or refuse treatment. This right ensures that you are actively involved in your healthcare decisions and that your preferences are respected.

If a healthcare provider performs a procedure or administers a treatment without your consent and you suffer harm, this may constitute medical malpractice.

3. The Right to Privacy and Confidentiality

Your medical information is private and should only be shared with those directly involved in your care or with your explicit permission. The right to privacy includes protecting your medical records and personal health information. HIPAA release forms are intended to allow only people you have selected to access your medical information.

If a healthcare provider breaches your right to privacy by permitting an unauthorized person access to your medical records and, in so doing, causes you emotional distress or results in discrimination against you, they may be held liable for malpractice.

4. The Right to Receive Respectful Care

You are entitled to care that respects your personal dignity, cultural beliefs, and values. Healthcare providers should treat you courteously and respectfully, regardless of your background or circumstances.

If your healthcare provider engages in disrespectful or discriminatory behavior that leads to misdiagnosis, improper treatment, or emotional distress, you may be able to file a successful claim of medical negligence.

5. The Right to Participate in Your Healthcare Plan

Since the body being taken care of is yours, you have the right to be involved in decisions regarding your healthcare plan. This means you have the right to have your questions about treatment options answered, to seek second (or third) opinions, and to have changes made to accommodate your needs and preferences.

If your healthcare team disregards your input or fails to consider your preferences, leading to ineffective or harmful treatment, this may constitute malpractice.

6. The Right to Access Your Medical Records

You have the right to access your medical records and to obtain copies. This right is significant because it ensures transparency and lets you be fully informed about your health status and treatment history.

If you ask to see your medical records and are not permitted to do so, or if you find your medical data incomplete or incorrect and realize that these mistakes have resulted in negative consequences, such as worsening infection or misdiagnosis, these errors may document medical malpractice.

7. The Right to Complain and Seek Monetary Compensation

If you believe that your rights have been violated or that you have been the victim of medical malpractice, you can file a complaint and seek redress. This includes filing complaints with hospital administrators and professional licensing boards and, if necessary, filing a lawsuit.

Above all, you have the right to hold healthcare providers accountable for their actions, whether professionals, other staff members, or medical facilities.

The Takeaway

Patients often feel vulnerable, not only because they are injured or unwell but also because they are kept in the dark about aspects of their medical care and ignored or dismissed when they express their deep concerns. That’s why it is imperative to understand that patients have rights and that there are attorneys dedicated to protecting them.

If you believe your patient rights have been violated and you have suffered serious harm as a result, contact a well-respected medical malpractice attorney. Choose one who has the knowledge and skill to help you assert your rights and recover the damages you deserve.