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What is an example of a patient right based on constitutional law?
What are patients' rights?
What is an example of a patient Bill of Rights?
Do hospitals have a right to accept or refuse treatment?
The right to privacy is an example of a patient right based on constitutional law. Statutory law refers to written laws enacted by the federal or state legislature. For example, the Nurse Practice Act in each state is an example of statutory law enacted by that state’s legislature.
The Patient Self-Determination Act of 1990 is an example of a federal statute that affects practice, and it requires most health care institutions to provide admitting patients written information of their rights under state law to make medical decisions.
This law requires hospitals, skilled nursing facilities, home health agencies, hospice programs, and health maintenance organizations to provide clear written information for patients concerning their legal rights to make health care decisions, including the right to accept or refuse treatment.
- The Right to Be Treated with Respect
- The Right to Obtain Your Medical Records
- The Right to Privacy of Your Medical Records
- The Right to Make A Treatment Choice
- The Right to Informed Consent
- The Right to Refuse Treatment
- The Right to Make Decisions About End-Of-Life Care
All patients, regardless of their means or health challenges, should expect to be treated respectfully and without discrimination by their providers, practitioners, and payers.
The HIPAA Act of 1996 provides patients in the United States a right to obtain their medical records, including doctors' notes, medical test results and other documentation related to their care.
The HIPAA Act also outlines who else, besides you (the patient), may obtain your records, and for what purposes. Patients are often surprised about who has these rights. Access may be denied to people you might think would have access. Improper access has consequences.
As long as a patient is considered to be of sound mind, it is both his right and responsibility to know about the options available for treatment of his medical condition and then make the choice he feels is right for him. This right is closely associated with the Right to Informed Consent.
No reputable practitioner or facility that performs tests, procedures or treatments will do so without asking the patient or his guardian to sign a form giving consent. This document is called "informed consent" because the practitioner is expected to provide clear explanations of the risks and benefits prior to the patient's participation, althoug...
In most cases, a patient may refuse treatmentas long as he is considered to be capable of making sound decisions, or he made that choice when he was of sound mind through written expression (as is often the case when it comes to end-of-life care). There are some exceptions, meaning that some patients may not refuse treatment. Those exceptions tend ...
Each state in the United States governs how patients may make and legally record the decisions they make about how their lives will end, including life-preserving measures such as the use of feeding tubes or ventilators. Corresponding to these patients' rights are a number of patients' responsibilities. There are also some rights Americans think th...
- Trisha Torrey
The PSDA reaffirms the common-law right of self-determination as guaranteed by the Fourteenth Amendment of the United States Constitution. Basically, this means that you, as the person receiving care, have the right to make choices and decisions about the type of medical care and the extent of medical care that you would or would not want.
Informed consent to medical treatment is fundamental in both ethics and law. Patients have the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about care.
