Finding Dr. Right

When Something Goes Wrong

Shopping Smart for a Hospital

Your Rights As a Hospital Patient

Questions to Prepare for Surgery

If You Think You're Leaving the Hospital Too Soon

Getting to Know Your MCO (managed care organization)

How to Prevent Medical Errors

Preventing Prescription Errors

Action Agenda

Facts on Malpractice

Links

Under New York State Law, hospital patients are covered by a "Patient’s Bill Of Rights." This law guarantees that consumers are afforded the right to:

1. Understand and use these rights. If for any reason you do not understand or you need help, the hospital must provide assistance, including an interpreter;
2. Considerate and respectful care in a clean and safe environment free of unnecessary restraints;
3. Complete information regarding diagnosis, treatment, and prognosis;
4. All information needed to give informed consent for any procedure or treatment. This information shall include all possible risk and benefits of the procedure and treatment;
5. Receive emergency care if you need it;
6. Be informed of the name and position of the doctor who will be in charge of your care;
7. Know the names, positions, and functions of any hospital staff involved in your care and refuse their treatment, examination or observation;
8. All information needed to give informed consent for an order not to resuscitate. You also have the right to designate an individual to give this consent if you are too ill to do so;
9. A second medical opinion;
10. Refuse to take part in research—you have the right to a full explanation;
11. Refuse treatment and be informed of medical consequences;
12. Confidentiality of medical records and condition and privacy while in the hospital;
13. Participate in all decisions about treatment and discharge from a health care facility. The hospital must provide you with a written discharge plan and with a description of how you can appeal your discharge;
14. Review your medical record without charge and obtain copies of all your medical records at a "reasonable" charge. You cannot be denied these copies solely because you cannot afford to pay;
15. An itemized bill and explanation of all charges;
16. A non-smoking room ­ all hospitals are now required to be smoke-free;
17. Care and treatment without regard to sex, race, color, religion, national origin, sexual orientation, or source of payment;
18. Complain about your care without fear of reprisals and have a 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. The hospital must provide you with the Health Department’s phone number.

If you have complaints about your hospital care, you can contact the State Health Department at 1-518-271-2652. This hotline also handles complaints about nursing homes and HMOs, so be sure that the Health Department’s staff person understands that your concern is with hospital care.

State law requires that a hospital staff person meet with you after the administration of treatment to explain your rights as a patient and how to protect those rights. Some hospitals offer a booklet, "Your Rights As a Hospital Patient" which contains all information about your rights under state and federal laws. Also, make sure you select a friend or family member who can advocate for your interests if you become incapable of doing so.