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We suggest that you familiarize yourself with your
hospital's patient rights policy before you file your complaint. You can then cite
the patient right that applies to your particular complaint, should you choose to
do so.
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I. PATIENT RIGHTS - JOINT COMMISSION
STANDARDS
The Joint Commission, which is the national
accrediting organization for most hospitals in the country, adopted patient rights
standards many years ago.
All hospitals accredited by the Joint Commission are required to adopt their own
patient rights policies based on the Joint Commission's standards, and to provide
a copy to each patient. These patient rights policies are routinely provided by the
hospital to patients and their families during the pre-admission or admission process.
*Here are the Joint Commission's patient rights standards.
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| INDIVIDUAL RIGHTS |
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1.
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The hospital respects the rights of patients. |
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2.
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Patients receive information about their rights. |
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3.
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Patients are involved in decisions about care, treatment
and services provided. |
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4.
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Informed consent is obtained. |
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5.
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Consent is obtained for recording or filming made for
purposes other than the identification, diagnosis or treatment of the patients. |
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6.
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Patients receive adequate information about the person(s)
responsible for the delivery of their care, treatment, and services. |
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7.
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Patients have the right to refuse care, treatment,
and services in accordance with law and regulation. |
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8.
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The hospital addresses the wishes of the patient relating
to end-of-life decisions. |
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9.
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Patients and, when appropriate, their families are
informed about the outcomes of care, treatment, and services that have been provided,
including unanticipated outcomes. |
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10.
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The hospital respects the patient's right to and need
for effective communication. |
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11.
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The hospital addresses the resolution of complaints
from patients and their families. |
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12.
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The hospital respects the needs of patients for confidentiality,
privacy, and security. |
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13.
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Patients have a right to an environment that preserves
dignity and contributes to a positive self image. |
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14.
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Patients have the right to be free from mental, physical,
sexual, and verbal abuse, neglect, and exploitation. |
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15.
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Patients have the right to pain management. |
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16.
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Patients have a right to access protective and advocacy
services. |
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17.
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The hospital protects research subjects and respects
their rights during research, investigation, and clinical trials involving human
subjects. |
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18.
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In hospitals that provide opportunities for work, a
defined policy addresses situations in which patients work. |
Right to billing information: Under Organization Ethics, there is an "element
of performance" which states: "Patients receive information about charges
for which they will be responsible."
INDIVIDUAL RESPONSIBILITIES
1. Patients are given information about their
responsibilities while receiving care, treatment, and services.
In addition to the Joint Commission patient rights standards, some states have adopted
laws and regulations pertaining to patient rights. In addition, the federal government
has adopted patient rights for its employees.
II. PATIENT RIGHTS TO REVIEW,
AND OBTAIN A COPY OF, MEDICAL RECORDS
The Health Insurance Portability and Accountability Act (HIPAA) gives patients the
right to see, and obtain a copy of, their medical records. There are several exceptions,
most notably, medical records which pertain to behavioral, alcohol, and drug abuse
matters, and situations in which access to the records could result in harm to the
patient or others.
It is best to request a copy of the medical record in writing.
Hospitals are allowed to charge a reasonable fee for copying the medical record.
The fee is usually a specified amount per page.
In addition to federal law, some states have adopted laws and regulations pertaining
to the rights of patients to see, and to obtain a copy of, their medical records.
* "Comprehensive Accreditation Manual For Hospitals", Joint Commission,
January 2008
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