The Patient's Bill of Rights (PBR) outlines expectations for fair treatment during hospital stays. It serves as a guideline for both patients and healthcare providers to ensure quality care.
The PBR was initiated by former President Clinton in 1997 to improve healthcare and protect consumers. A commission developed and implemented it from 1997 to 1999. And in 2010, President Obama announced updated regulations as part of the Affordable Care Act, effective September 23, 2010.
Attorneys frequently rely on the PBR as a benchmark to define the expected standards of care, patient entitlements, and the quality of healthcare deemed acceptable in the context of medical malpractice litigation. In doing so, they stand a chance in bringing justice to victims and their families who suffered at the hands of negligent medical professionals.
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Patient's Bill of Rights in New York State
As a patient in a New York hospital, you have specific rights protected by state law. The NYS Department of Health outlines these rights, including:
| 1. Understanding and using these rights. If for any reason you do not understand or you need help, the hospital MUST provide assistance, including an interpreter. |
| 2. Receive treatment without discrimination as to race, color, religion, sex, gender identity, national origin, disability, sexual orientation, age or source of payment. |
| 3. Receive considerate and respectful care in a clean and safe environment free of unnecessary restraints. |
| 4. Receive emergency care if you need it. |
| 5. Be informed of the name and position of the doctor who will be in charge of your care in the hospital. |
| 6. Know the names, positions and functions of any hospital staff involved in your care and refuse their treatment, examination or observation. |
| 7. Identify a caregiver who will be included in your discharge planning and sharing of post-discharge care information or instruction. |
| 8. Receive complete information about your diagnosis, treatment and prognosis. |
| 9. Receive all the information that you need to give informed consent for any proposed procedure or treatment. |
| 10. Receive all the information you need to give informed consent for an order not to resuscitate. |
| 11. Refuse treatment and be told what effect this may have on your health. |
| 12. Refuse to take part in research. In deciding whether or not to participate, you have the right to a full explanation. |
| 13. Privacy while in the hospital and confidentiality of all information and records regarding your care. |
| 14. Participate in all decisions about your treatment and discharge from the hospital. |
| 15. Review your medical record without charge and obtain a copy of your medical record for which the hospital can charge a reasonable fee. You cannot be denied a copy solely because you cannot afford to pay. |
| 16. Receive an itemized bill and explanation of all charges. |
| 17. View a list of the hospital's standard charges for items and services and the health plans the hospital participates with. |
| 18. Challenge an unexpected bill through the Independent Dispute Resolution process. |
| 19. Complain without fear of reprisals about the care and services you are receiving and to have the hospital respond to you and if you request it, a written response. If you are not satisfied with the hospital's response, you can complain to the New York State Health Department. |
| 20. Authorize those family members and other adults who will be given priority to visit consistent with your ability to receive visitors. |
| 21. Make known your wishes in regard to anatomical gifts, i.e., declared consent to donate their organs, eyes and/or tissues upon their death. |
When one or more of these rights are not given to patients or are violated by the healthcare provider, it is best to attempt resolving the issues through the hospital's complaint process. If this doesn't yield satisfactory results, or if the breach of rights has resulted in significant harm, consulting a medical or patient rights lawyer can help protect the patient's interests and potentially seek compensation for economic or non-economic damages.
Other Patient Bill of Rights
Across the US, insurers and medical facilities maintain their versions of patient rights and responsibilities, such as the following:
The Affordable Care Act
The Affordable Care Act enforces regulations on the insurance industry, particularly private entities. This provides stability and flexibility for families and businesses to make their own healthcare choices.
Here is a summary of the protections that apply to health plans according to the American Cancer Society:
| - People with pre-existing medical conditions can still get health insurance and will not be charged more. - No yearly or lifetime limits on essential services such as prescriptions and emergency services. - Insurers must clarify plan coverage details. - Young adults must be offered more insurance options, including the ability to stay on their parent's policy until they are 26 years old. - Preventive screenings fees are covered and included in the coverage. - Insurers are required to justify any increases above 15%. - Patients can appeal payment decisions internally and externally. - Insurers can't cancel coverage for application errors or illnesses. |
These rules apply to plans issued/renewed on or after September 23, 2010. Plans issued before that date are ‘grandfathered,’ in which these rules don’t apply to them. If you aren’t sure whether your plan is grandfathered, please check with your insurer.
Clinical Center Patients' Bill of Rights
The Clinical Center also has rights and safety regulations in place for patients who volunteer to participate in clinical research. They ensure that patients are protected by procedures that provide awareness of their medical choices, any risks or benefits, and the possible consequences of participating in research.
The Patient Care Partnership
Developed by the American Hospital Association, it outlines core expectations for patient treatment during hospital stays. It covers six key areas:
- High-quality hospital care.
- A clean and safe environment.
- Involvement in your care.
- Protection of your privacy.
- Help when leaving the hospital.
- Help with your billing claims.
These standards aim to enhance the overall hospital experience, promote patient-centered care, and foster trust between medical institutions and those they serve.
Recourse for Disregarded Patient Rights in New York
Initially, patients may file a formal complaint with the healthcare facility where the incident occurred. This step often triggers an internal investigation and may result in corrective actions within the institution.
If the response is unsatisfactory or the violation is severe, patients may file a report with the Office of Professional Medical Conduct (OPMC). Reports must be made in writing and include the following:
- The full name
- Address of the doctor or physician assistant
- All relevant information
If you find it challenging to handle this on your own, you may consider hiring a legal team. At the Porter Law Group, we recognize the significance of upholding the standard of care in the medical industry. If a patient's rights were infringed upon due to negligence, we can help you start legal action to ensure that the responsible parties are held accountable for any damages.
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Speak to a Medical Malpractice Lawyer Today
If you or a loved one has been a victim of medical negligence or was not given the standard of care based on the patient’s bill of rights, it is crucial to consult an experienced medical malpractice attorney.
At Porter Law Group, our team of dedicated lawyers is committed to helping families rebuild after unfavorable circumstances. We operate on a contingency basis, meaning you don't have to pay anything unless we win your case.
If you suspect that you or a loved one has been a victim of medical negligence, don't hesitate to reach out. We are here to guide you through the legal process and fight for the compensation you deserve. Contact us today at 833-PORTER9 or info@porterlawteam.com to schedule a free consultation.
